4th Circuit Asks W.Va. Supreme Court For Ruling on Joint Tortfeasors

RICHMOND, Va. - The U.S. Court of Appeals for the Fourth Circuit has asked West Virginia's Supreme Court to rule on whether a settlement between a hospital and the parents of a child killed by an accidental overdose in any way binds the pharmaceutical company. Charleston Area Medical Center, et al. v. Parke-Davis, et al., Nos. 02-2264 and 02-2303, 4th Cir.).

The question presented to the West Virginia Supreme Court is this: 'Does the law of West Virginia allow a tortfeasor to negotiate and consummate a settlement with the injured party on behalf of itself, before any lawsuit is filed, …