The United States also cites several unpublished Fourth Circuit decisions. Lancaster v. USP Hazelton, 742 F. App'x. 724, 727 (4th Cir. 2018) (per curiam) (unpublished); Grooms v. Hunter Holmes McGuire Veterans Admin. Med. Ctr., 656 F. App'x 27 (4th Cir. 2016) (per curiam) (unpublished); Littlepaige v. United States, 528 F. App'x 289 (4th Cir. 2013) (unpublished). These non-precedential decisions are equally unpersuasive for the same reason.
It is "well-settled" that the expert certification requirements of the VMMA apply in a diversity action alleging medical malpractice in Virginia. Sowers v. United States, 141 F. Supp. 3d 471, 476 (E.D. Va. 2015) (citing Keitz v. Unnamed Sponsors of Cocaine Research Study, 510 F. App'x 254, 256 (4th Cir. 2013)); see also Grooms v. Hunter Holmes McGuire Veterans Admin. Med. Ctr., 656 F. App'x 27 (4th Cir. 2016) (affirming dismissal for failure to comply with the expert certification requirements). The requirements are set forth in Virginia Code ยง 8.01-20.