Power v. Alexandria Phys Grp ( 1996 )

Filed: July 15, 1996
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-2280
(CA-92-1288-A)
Susan M. Power,
Plaintiff - Appellant,
versus
Alexandria Physicians Group, Limited, et al,
Defendants - Appellees.
O R D E R
The Court amends its opinion filed July 3, 1996, as follows:
On the cover sheet, section 5 -- the panel information is cor-
rected to read "Before ERVIN, Circuit Judge, PAYNE, United States
District Judge for the Eastern District of Virginia, sitting by
designation, and KELLAM,* Senior United States District Judge for
the Eastern District of Virginia, sitting by designation."
For the Court - By Direction
/s/ Bert M. Montague
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
SUSAN M. POWER,
Plaintiff-Appellant,
v.
ALEXANDRIA PHYSICIANS GROUP,
LIMITED; BENEDICT J. SEMMES, M.D., No. 95-2280
Defendants-Appellees,
and
ARLINGTON HOSPITAL ASSOCIATION,
Defendant.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
T. S. Ellis, III, District Judge.
(CA-92-1288-A)
Argued: April 5, 1996
Decided: July 3, 1996
Before ERVIN, Circuit Judge, PAYNE, United States
District Judge for the Eastern District of Virginia, sitting
by designation, and KELLAM,* Senior United States District Judge
for the Eastern District of Virginia, sitting by designation.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
*Senior Judge Kellam heard oral argument in this case but died
prior
to the time the decision was filed. The decision is filed by a
quorum of
the panel. 28 U.S.C. § 46(d).
COUNSEL
ARGUED: John Mansfield Falk, THE FALK LAW FIRM, P.L.C.,
Washington, D.C., for Appellant. Edward Anthony Gonsalves,
GODARD, WEST & ADELMAN, Fairfax, Virginia, for Appellees.
ON BRIEF: James H. Falk, Sr., James H. Falk, Jr., Robert K. Tomp-
kins, THE FALK LAW FIRM, P.L.C., Washington, D.C., for Appel-
lant. Gary Albert Godard, GODARD, WEST & ADELMAN, Fairfax,
Virginia, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Susan M. Power obtained a verdict in the amount of $5 million
against Arlington Hospital Association under the Emergency Medical
Treatment and Active Labor Act ("EMTALA") in recompense for
personal injuries Power sustained as a result of the hospital's
failure
to provide an appropriate screening examination within the meaning
of EMTALA. Power v. Arlington Hospital Ass'n , 800 F. Supp. 1384(E.D. Va. 1992) ("Power I"). While the verdict in Power I was on
appeal to this court, Power instituted an action for malpractice
against
the hospital, the Alexandria Physicians Group, Limited and Dr.
Bene-
dict J. Semmes. Thereafter, this court decided Power I. Power v.
Arlington Hospital Ass'n, 42 F.3d 851 (4th Cir. 1994). As a result,
the
verdict of $5 million in Power I was reduced to $1 million.
Power then revived the dormant malpractice action and consented
to the dismissal of the hospital as a defendant on the ground that
it
had been held liable already in Power I. The remaining defendants,
Dr. Semmes and Alexandria Physicians Group, Limited, moved for
dismissal contending that the $1 million EMTALA award in Power's
favor in Power I constituted the entire amount recoverable by her
2
because of Virginia's $1 million medical malpractice cap. Va. Code
Ann. § 8.01-581.15 (Michie 1992). Power opposed dismissal on the
theory that a second cap in the amount of $1 million was available
in
her malpractice action against Dr. Semmes and Alexandria Physicians
Group, Limited. The district court, relying principally upon this
court's decision in Power I, accepted the defendants' contention
and
granted their motion to dismiss the complaint in this action.
We have reviewed the district court's opinion, the record, the
briefs
and the contentions advanced by both parties at oral argument and
find no reversible error. Accordingly, we affirm the decision of
the
district court on the reasoning of that court. Power v. Alexandria
Phy-
sicians Group, Limited, 887 F. Supp. 845 (E.D. Va. 1995).
AFFIRMED
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