JACKSON, Miss. (Legal Newsline) – Mississippi's high court has ruled a lower court erred when it denied two motions filed by a physician in an opioid-related suit filed by a patient.
The Supreme Court of Mississippi overturned a ruling from Hinds County Court that denied both of Dr. Timothy Chen’s motions in Daniel Shope’s lawsuit against him on Sept. 12. Chen filed motions to strike Shope's affidavit and to transfer the case from Hinds County to Madison County.
“We find that the trial court abused its discretion in denying both motions, that the trial court’s order should be reversed, and that this case should be remanded with instructions to transfer venue to the County Court of Madison County,” Chief Justice Michael K. Randolph wrote.
Shope alleged Chen “medically aided and contributed” to his reliance on opioid drugs when Chen prescribed him hydrocodone-acetaminophen and Tramadol following Shope’s hospitalization for an overdose.
Randolph wrote the lower court erred when it denied Chen’s motion to strike Shope’s affidavit. The affidavit said: “My name is Daniel Shope. I am a citizen of Hinds County. When I overdosed on opioids, I went to the Baptist Hospital in Jackson. The Baptist Hospital called Dr. Timothy Chen and asked him what to do for me. Dr. Chen told them to give me medicine and they did what he said and gave me the medicine. All of this happened at Baptist Hospital in Jackson."
Chen asked the court to strike this, claiming that the affidavit was based on inadmissible hearsay. Randolph agreed and pointed out that the affidavit is founded on an alleged phone call between the hospital and Chen. Shope alleged he was at the hospital because of a drug overdose but failed to point to the person who allegedly phoned Chen. He also could only speculate about what happened during said phone call, or the medicine Chen was allegedly prescribed.
“His conclusory, self-serving affidavit is unsupported by material facts and is insufficient to support his claim that venue is proper in Hinds County,” Randolph said.
The justice also sided with Chen on his motion to transfer venue, ruling that Hinds County was never a proper venue.
“The initial complaint named only Chen as a defendant," the ruling states. "The initial complaint made no statement concerning why venue was proper in Hinds County."
Chen also stated that he only practices in Madison County, which is where he saw Shope.
In addition, Shope’s medical records at Baptist were submitted as evidence. A page of that details after-care steps for those who are dependent on opioids, but those instructions were issued by another doctor and Chen's name is not on the record. Another page also says that Chen is Shope’s primary-care doctor under additional pertinent history, the ruling states.
“Neither of these records reflect any instruction, order, or care provided by Chen to Shope at Baptist in Hinds County,” the ruling states.
Considering this, the Supreme Court reversed the lower court’s ruling.