Justia Medical Malpractice Opinion Summaries

Susan Cox, a resident of Albion, Washington, died from an overdose of medications prescribed by her primary care physician, Dr. Patricia Marciano. Dr. Marciano, along with Gritman Medical Center, both based in Idaho near the Washington border, had treated Susan for several years. Although Susan lived in Washington, her medical treatment occurred in Idaho. At Susan’s request, her prescriptions were regularly transmitted to pharmacies in Washington. Susan’s husband, Mark Cox, and her estate brought a wrongful death and survivor action in the Eastern District of Washington, alleging that Susan’s death resulted from negligent over-prescription of pharmaceuticals.The United States District Court for the Eastern District of Washington denied the plaintiffs’ request for jurisdictional discovery regarding general personal jurisdiction over Gritman and dismissed the case for lack of personal jurisdiction. The district court found that Washington’s long-arm statute did not confer jurisdiction and that exercising specific jurisdiction would violate due process, as the defendants had not purposefully availed themselves of the Washington forum. The district court did not reach the question of venue.On appeal, the United States Court of Appeals for the Ninth Circuit reversed the district court’s dismissal. The court of appeals held that the district court’s exercise of personal jurisdiction over the Idaho defendants was proper under Washington’s long-arm statute and consistent with the Due Process Clause because the defendants maintained ongoing, deliberate relationships with Washington residents and regularly sent prescriptions to Washington pharmacies in compliance with state law. The court also held that venue was proper in the Eastern District of Washington since a substantial part of the events underlying the claims occurred there. The case was remanded for further proceedings, with dismissal affirmed only for one defendant whom the plaintiffs conceded was properly dismissed. View "COX V. GRITMAN MEDICAL CENTER" on Justia Law