3.LeSage v. Richmond University Hospital(100 points)

This case arises out of the tragic death of Henry LeSage, a Maryland resident.In January, Mr. LeSage was diagnosed with a serious liver disease.Mr. LeSage and his wife were informed that this condition would be fatal without a liver transplant.Mrs. LeSage contacted her health maintenance organization to find out whether a liver transplant would be covered.The HMO told her that liver transplants were not covered.Mrs. LeSage then called the Maryland Medical Assistance Program (MA) for indigent persons.MA told Mrs. LeSage that liver transplants are covered.However, they would have to determine if Mr. LeSage qualified for medical assistance.

Mr. LeSage's doctor contacted Dr. Smith at Richmond University Hospital (RUH) to discuss Mr. LeSage's condition and his need for a transplant. Dr. Smith agreed to admit Mr. LeSage despite his lack of insurance.He stated that Mr. LeSage should come to RUH the following Monday.

A RUH social worker contacted Mrs. LeSage to arrange travel and accommodations for the LeSages.The LeSages arrived in Richmond on Monday.

Upon arrival, RUH refused to admit Mr. LeSage because the family had not yet obtained insurance coverage for the liver transplant.After being refused admittance, the LeSages were provided accommodations at a hotel connected with RUH.

Dr. Smith wrote to Maryland MA concerning Mr. LeSage's condition and lack of insurance.Dr. Smith also called Maryland MA, with Mrs. LeSage present to discuss coverage with them.

Two suitable livers became available to RUH for transplant during the time Mr. LeSage was in Richmond.However, Mrs. LeSage had not yet obtained insurance coverage, so Mr. LeSage did not receive a transplant. Mr. LeSage died on Friday before Mrs. LeSage could obtain Maryland MA coverage.

Mrs. LeSage brings a $ 1,000,000 negligence lawsuit against RUH in aMaryland(state) court.

RUH files a motion to dismiss for lack of jurisdiction.In its motion to dismiss RUH states the following:

1. RUH provides services to patients in Richmond, VA

2. RUH does not maintain an office or place of business in Maryland.

3. RUH does not sell products or provide services in Maryland

4. RUH does not have a telephone listing in Maryland and does not advertise in Maryland.

Mrs. LeSage learns this additional information:

Each year, Richmond University Hospital (RUH) registers with the Maryland MA program as a facility which provides liver transplants.It is the only liver transplant hospital registered with the Maryland MA program.As such, the MA program constantly refers patients to RUH.

a)Will RUH succeed on its motion to dismiss for lack of jurisdiction?

b)Assume for purposes of this part only that the court grants the motion to dismiss.If Mrs. LeSage files her case in the U.S. District Court for the Eastern District of Virginia, will the court have jurisdiction to hear the case?

c)Assume that the U.S. District Court hears the case.In the negligence caseLeSage v. Richmond University Hospitalwho will win?Discuss fully.