State of West Virginia - West Virginia Legislature

Executive Director’s ReportOctober 5, 20103evaluation, the submission from Wells Fargo/Chartis was accepted inthe amount of $1,843,987, with a total savings of $315,680. However,upon receipt of the invoice, the amount was reduced to $1,825,909, for arevised total savings of $333,758.B. Marshall University/WVU Medical Malpractice Deductible Program (update)• As of August 31, 2010, Marshall has deposited $2,494,661.38 into the escrowaccount. The year-to-date cumulative interest totals $118,550.45. There havebeen no disbursements during fiscal year 2011 thus far.• As of August 31,2010, a total of $5,379,319.00 has been transferred ordeposited into WVU's escrow account. The year-to-date cumulative interesttotals $116,189.14. There have been no disbursements made during fiscal year2011 thus far.C. LitigationThe September 2010 report from Chartis for the period ending August 31, 2010reveals that in August, one case was tried to a plaintiff verdict. Year-to-date, therehave been five cases tried to verdict, with four defense verdicts and one plaintiffverdict.New lawsuits have decreased 24/1% over year-to-date 2009; closed lawsuits havedecreased 24.1%, and pending lawsuits have increased 2.6%.D. Patient Injury Compensation Fund (PICF)1. Michael Sizemore – Two insureds – Marshall University and UniversityPhysicians and Surgeons; co-defendants include Cabell Huntington Hospitaland some of the nursing staff. This is a birth trauma case involving MichelleSizemore and the delivery of her infant son, Michael.On October 29, 2009, a contingent settlement agreement was reached atmediation, during which a total award of $4,000,000.00 was made, with a$900,000.00 payment coming from the Patient Injury Compensation Fund.On November 24, 2009, the check was issued by the Treasurer’s Office.2. Estate of Anna Goldsmith, DeceasedThis is a wrongful death claim involving a 37-year old pregnant woman whopresented at Stonewall Jackson Memorial Hospital. She had a seizureapproximately 12-14 hours later at home and was subsequently taken back toStonewall Jackson Memorial Hospital and thereafter transferred to WVU, wherethe baby was delivered. Subsequently, Mrs. Goldsmith died on April 13, 2008.