Waddoups v. Noorda

Melissa and Corey Waddoups sued Intermountain Health Care (IHC), among other defendants, alleging negligent credentialing after Dr. Barry Noorda performed several gynecological procedures on Melissa at an IHC facility. At issue in this case was Utah Code Ann. 78B-3-425, which prohibits a cause of action for negligent credentialing. Because Plaintiffs' negligent credentialing claim accrued before the enactment of the statute, the federal district court certified a question to the Supreme Court, asking whether section 78B-3-425 retroactively applied to bar negligent credentialing claims that arose prior to its enactment. The Supreme Court answered the question in the negative, holding that because section 78B-3-425 is a substantive amendment and contains no expression of retroactivity, it does not apply retroactively and therefore did not bar Plaintiffs' claim, which arose prior to its enactment. View "Waddoups v. Noorda" on Justia Law