West Virginia 2024 Regular Session Status: In Committee Bipartisan · 2 R · 1 D cosponsors

HB 5067 — To remove the 2 year timeframe for medical malpractice suits to be filed ONLY for individuals who were minors when they had their procedures performed

Last action — On 1st reading, House Calendar

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House of Delegates. Introduced January 25, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House of Delegates.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 40% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

14 added · 13 removed

Plain-language change summary

The amendment to HB 5067 changes the age limit for minors eligible to bring medical injury claims from under 18 years to under 10 years at the time of injury. Additionally, it shortens the timeframe in which a minor can file a claim, now requiring action to be taken within two years of the injury or before the minor's 12th birthday. This change matters because it aims to expedite the legal process for younger victims, ensuring they can seek justice more quickly while also establishing clearer deadlines for claims.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced House Bill 5067 By Delegates E.
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for House Bill 5067 By Delegates E.
Pritt, Kump, Young, Forsht and Hillenbrand [Introduced January 25, 2024;
Pritt, Kump, Young, Forsht, and Hillenbrand [Originating in the Committee on the Judiciary;
Referred to the Committee on the Judiciary] Intr HB 2024R2471 A BILL to amend and reenact §55-7B-4 of the Code of West Virginia, 1931, as amended, relating to clarifying when a minor may bring a medical malpractice cause of action.
Reported on February 14, 2024] CS for HB 5067 A BILL to amend and reenact §55-7B-4 of the Code of West Virginia, 1931, as amended, relating to clarifying when a minor may bring a medical malpractice cause of action.
With the amendments to this subsection enacted in the regular session of the Legislature, 2022, that intends to reinstate and codify a one-year statute of limitations for any cause of action for medical injury resulting in injury or death to a person alleging medical professional liability against a nursing home, assisted living facility, their related entities or employees or a distinct part of an acute care hospital Intr HB 2024R2471 providing intermediate care or skilled nursing care or its employees.
With the amendments to this subsection enacted in the regular session of the Legislature, 2022, that intends to reinstate and codify a one-year statute of limitations for any cause of action for medical injury resulting in injury or death to a person alleging medical professional liability against a nursing home, assisted 1 CS for HB 5067 living facility, their related entities or employees or a distinct part of an acute care hospital providing intermediate care or skilled nursing care or its employees.
(c) A cause of action for injury to a minor, brought by or on behalf of a minor who was under the age of 10 18 years at the time of such injury, shall be commenced within two years of the date of such injury, or prior to the minor’s 12th birthday, whichever provides the longer period within five years after the minor turns 18 years old.
(c) A cause of action, brought by or on behalf of a minor, for medical injury to a minor, brought by or on behalf of a minor who was under the age of 10 years at the time of such injury, shall be commenced within two years of the date of such injury, or prior to the minor’s 12th birthday, whichever provides the longer period within two years after the minor turns 18 years old.
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Action History

  1. On 1st reading, House Calendar

  2. Placed on House Calendar

  3. On 1st reading, Special Calendar

  4. By substitute, do pass

  5. To House Judiciary

  6. Introduced in House

  7. To Judiciary

  8. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 5067?
HB 5067 is sponsored by Rick Hillenbrand (Republican), Forsht, Kayla Young (Democrat), Kump, and Vacant1 (Republican).
What is the current status of HB 5067?
This bill is in committee in the House of Delegates. Introduced January 25, 2024. It must pass committee before a floor vote.
Where can I track HB 5067?
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