Filed: July 15, 1996

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2280

(CA-92-1288-A)

Susan M. Power,

Plaintiff - Appellant,

versus

Alexandria Physicians Group, Limited, et al,

Defendants - Appellees.

ORDER

The Court amends its opinion filed July 3, 1996, as follows:

On the cover sheet, section 5 -- the panel information is corrected to read "Before ERVIN, Circuit Judge, PAYNE, United States

District Judge for the Eastern District of Virginia, sitting by

designation, and KELLAM,* Senior United States District Judge for

the Eastern District of Virginia, sitting by designation."

For the Court - By Direction

/s/ Bert M. Montague

Clerk
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

SUSAN M. POWER,

Plaintiff-Appellant,

v.

ALEXANDRIA PHYSICIANS GROUP,

LIMITED; BENEDICT J. SEMMES, M.D., No. 95-2280

Defendants-Appellees,

and

ARLINGTON HOSPITAL ASSOCIATION,

Defendant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Alexandria.

T. S. Ellis, III, District Judge.

(CA-92-1288-A)

Argued: April 5, 1996

Decided: July 3, 1996

Before ERVIN, Circuit Judge, PAYNE, United States

District Judge for the Eastern District of Virginia, sitting

by designation, and KELLAM,* Senior United States District Judge

for the Eastern District of Virginia, sitting by designation.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

*Senior Judge Kellam heard oral argument in this case but died

prior

to the time the decision was filed. The decision is filed by a

quorum of

the panel. 28 U.S.C. § 46(d).
COUNSEL

ARGUED: John Mansfield Falk, THE FALK LAW FIRM, P.L.C.,

Washington, D.C., for Appellant. Edward Anthony Gonsalves,

GODARD, WEST & ADELMAN, Fairfax, Virginia, for Appellees.

ON BRIEF: James H. Falk, Sr., James H. Falk, Jr., Robert K. Tompkins, THE FALK LAW FIRM, P.L.C., Washington, D.C., for Appellant. Gary Albert Godard, GODARD, WEST & ADELMAN, Fairfax,

Virginia, for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Susan M. Power obtained a verdict in the amount of $5 million

against Arlington Hospital Association under the Emergency Medical

Treatment and Active Labor Act ("EMTALA") in recompense for

personal injuries Power sustained as a result of the hospital's

failure

to provide an appropriate screening examination within the meaning

of EMTALA. Power v. Arlington Hospital Ass'n, 800 F. Supp. 1384

(E.D. Va. 1992) ("Power I"). While the verdict in Power I was on

appeal to this court, Power instituted an action for malpractice

against

the hospital, the Alexandria Physicians Group, Limited and Dr.

Benedict J. Semmes. Thereafter, this court decided Power I. Power v.

Arlington Hospital Ass'n, 42 F.3d 851 (4th Cir. 1994). As a result,

the

verdict of $5 million in Power I was reduced to $1 million.

Power then revived the dormant malpractice action and consented

to the dismissal of the hospital as a defendant on the ground that

it

had been held liable already in Power I. The remaining defendants,

Dr. Semmes and Alexandria Physicians Group, Limited, moved for

dismissal contending that the $1 million EMTALA award in Power's

favor in Power I constituted the entire amount recoverable by her

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because of Virginia's $1 million medical malpractice cap. Va. Code

Ann. § 8.01-581.15 (Michie 1992). Power opposed dismissal on the

theory that a second cap in the amount of $1 million was available

in

her malpractice action against Dr. Semmes and Alexandria Physicians

Group, Limited. The district court, relying principally upon this

court's decision in Power I, accepted the defendants' contention

and

granted their motion to dismiss the complaint in this action.

We have reviewed the district court's opinion, the record, the

briefs

and the contentions advanced by both parties at oral argument and

find no reversible error. Accordingly, we affirm the decision of

the

district court on the reasoning of that court. Power v. Alexandria

Physicians Group, Limited, 887 F. Supp. 845 (E.D. Va. 1995).

AFFIRMED

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