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Woman says CAMC caused her permanent injuries

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Charleston Area Medical Center

Charleston Area Medical Center

CHARLESTON – A woman is suing Charleston Area Medical Center after she claims a physician ruptured her uterus, which caused her to have to have a hysterectomy.

Charleston Area Medical Center is doing business as Women’s and Children’s Hospital.

The West Virginia University Board of Governors and Dr. F. Scott Hunter were also named as defendants in the suit.

On July 2, 2011, the defendants negligently cared for Leticia Lopez during labor and delivery, according to a complaint filed Oct. 8 in Kanawha Circuit Court.

Lopez claims Hunter used forceps to deliver her infant, resulting in permanent and irreversible injury to her.

The defendants’ negligence caused Lopez to suffer a ruptured uterus, necessitating a hysterectomy, according to the suit.

Lopez claims the defendants’ actions were careless, reckless, willful and wanton and with a reckless disregard of risk of harm to her.

The defendants’ actions caused Lopez to suffer medical expenses; loss of future earning capacity; physical pain and suffering; mental pain and suffering; loss of ability to have children; annoyance, embarrassment, humiliation and inconvenience; and loss of enjoyment of life, according to the suit.

Lopez is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Richard D. Lindsay and Matthew C. Lindsay of Tabor Lindsay & Associates.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-1884


Charleston doctor dismissed from Fayette suit over fatal MRI

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Deer

Deer

FAYETTEVILLE – Fayette County Circuit Court Judge John W. Hatcher, Jr. has granted a Charleston anesthesiologist’s motion to dismiss a malpractice claim against him.

On July 8, Hatcher ruled for Dr. Timothy Deer in Deborah Jean Stone’s lawsuit, which was brought on behalf of the estate of her late husband Harold.

On Jan. 30, 2012, Harold died because the Prometra Pump System implanted in him in 2007 by Dr. Deer released toxic levels of morphine during a 2012 MRI on his knee, the complaint says.

When Deborah Stone prepared to file her lawsuit, she served a Notice of Claim and Screening Certificate of Merit on Dr. Deer.

According to Hatcher’s order, the Certificate of Merit was authored by Frank G. Shellock, who is a physiologist. Shellock is not a licensed physician and is not a health care provider, as defined by the Medical Professional Liability Act, Hatcher ruled.

When Dr. Deer’s counsel argued the Certificate of Merit was not valid, Stone’s attorneys disagreed. They filed the lawsuit without correcting the deficiencies, Hatcher ruled.

“The failure to comply with the statutory prerequisites before filing a complaint in a medical professional negligence action renders the complaint invalid and deprives the court of subject matter jurisdiction,” Hatcher wrote.

Also named as defendants are Flowonix Medical, Thomas Health System, Dr. Phillip Surface and a Jane Doe.

Thomas Health System does business as Metro MRI.

Flowonix Medical manufactured the Prometra Pump System and knew it was hazardous for a person who had the pump to undergo an MRI, the complaint says.

Dr. Surface ordered Harold to undergo the MRI at Metro MRI in January 2012, the complaint says.

When Harold called Dr. Deer’s office to discuss, he was told by the Jane Doe defendant to proceed with the MRI, the complaint says.

Flowonix is vicariously liable because it contracted Dr. Deer to recruit patients to have the “experimental” pump placed in their bodies, the complaint says. Dr. Deer had pumps implanted in 16 of his patients, including Harold, the complaint says.

The plaintiffs are represented by Timothy R. Conaway and Benjamin M. Conaway of Conaway & Conaway in Madison and James C. Blankenship III of Fayetteville.

On Sept. 3, Hatcher denied the plaintiffs’ motion for reconsideration of the order granting the motion to dismiss.

However, on Sept. 10, Hatcher denied Flowonix’s motion to dismiss. It argued the plaintiffs must specifically allege that Flowonix violated a Food and Drug Administration-imposed requirement.

Hatcher found that the plaintiffs have met the pleading standard for claims for relief.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

Woman sues Bluefield Regional over death of newborn

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Bluefield Regional Medical Center

Bluefield Regional Medical Center

PRINCETON – A woman is suing after her newborn died due to alleged medical negligence.

April Mullins, individually and as administratrix of the Estate of Brayden Terry Mullins, her son, filed a complaint Oct. 28 in Mercer County Circuit Court against Bluefield Hospital Company LLC, doing business as Bluefield Regional Medical Center Inc., and Bruce L. Lasker M.D.

According to the complaint, Dr. Lasker was the primary physician responsible for the prenatal care, childbirth and postnatal care of April Mullins and her son Brayden Terry Mullins.

The complaint alleges that Dr. Lasker deviated from the medical standard of care and was negligent in his prenatal care of the plaintiffs, including failing to timely and properly investigate the Mullinses’ physical conditions during her hospitalization on Oct. 9, 2011, and again during her prenatal visit Oct. 25, 2011, among other claims of negligence.

Mullins claims that Dr. Lasker’s deviation from the standard of care led to the death of Brayden Mullins on Nov. 1, 2011.

Mullins is seeking an undisclosed amount of damages including damages for pain and suffering, funeral expenses, punitive expenses and litigation fees. She is being represented in the case by attorney J. Kristofer Cormany and Pamela A. Lambert.

Circuit Court of Mercer County Civil Action No. 13-C-434

Woman accuses surgeon of malpractice

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Raleigh County Courthouse

Raleigh County Courthouse

BECKLEY – Debra Paynter filed suit in the Raleigh County Circuit Court on Oct. 28, naming Matthew K. Nelson M.D., as the defendant.

According to Paynter, she underwent a full knee replacement surgery performed by Dr. Nelson on Nov. 7, 2011.

Paynter claims Dr. Nelson used a 22 mm polyethylene insert, when he should have used one which was between 8-12 mm. Paynter believes Dr. Nelson removed too much bone from her distal femur and/or her proximal tibia necessitating the larger insert.

Paynter goes on to say she saw Dr. Nelson on Dec. 22, 2011, and complained of severe pain but Dr. Nelson failed to diagnose or treat her pain. Paynter claims she saw Dr. Nelson again on Jan. 25, 2012, when an x-ray was taken which showed a disassembly of the femoral components and recorded the need for immediate surgery because Paynter had a femoral fracture.

Paynter is accusing Dr. Nelson of medical malpractice and hopes to recover damages for the pain she allegedly suffered from the events.

Paynter is seeking an undisclosed amount in damages. She is being represented by Larry O. Ford and P. Gregory Haddad.

Circuit Court of Raleigh County Case No. 13-C-896

Widow blames Charleston physicians for husband’s death

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Kanawha County Circuit Court

Kanawha County Circuit Court

CHARLESTON – A Wyoming County woman is suing two Charleston physicians after she claims they are responsible for her husband’s death.

Drs. Cheryl A. Cox and Srinivasan Narasimhan were named as defendants in the suit.

On Sept. 29, 2011, Randall Reid began vomiting blood while at work and was taken to Boone Memorial Hospital, according to a complaint filed Oct. 28 in Kanawha Circuit Court.

Kathy Reid claims her husband was diagnosed with an upper gastrointestinal bleed and gastric ulcer and was transferred to Charleston Area Medical Center.

At CAMC, Randall Reid’s hemoglobin was low and he required a blood transfusion, but he was hemodynamically stable, the complaint says. A nasogastric tube was placed and bright red blood was suctioned out of his stomach, according to the suit.

Kathy Reid claims Cox, a gastroenterologist, was consulted and on Sept. 30, 2011, she performed an endoscopy and found a deepened irregular based ulcer in the proximal body/fundus of the stomach.

During the endoscopy, Cox also found an adherent clot and did not irrigate it, according to the suit.

Kathy Reid claims because Cox did not irrigate the adherent clot and consider the characteristics of Randall Reid’s ulcer, she could not appropriately assess his risk of re-bleeding.

Cox had a duty to appropriately assess Randall Reid’s risk of re-bleeding so that she could implement the appropriate method of treatment for him, according to the suit.

Kathy Reid claims on Oct. 1, 2011, Narasimhan was consulted for Randall Reid’s cardiac status and found no acute cardiac condition and stated that he would start him on 81mg of Aspirin per day and see how he does.

Despite his plan to order 81mg of Aspirin per day, Narasimhan wrote an order for 162mg of Aspirin per day, according to the suit.

Kathy Reid claims it was not safe for Randall Reid to be placed and maintained on 162mg of Aspirin per day because it placed him at risk for re-bleeding.

Randall Reid was discharged on Oct. 4, 2011, and later that day, began vomiting massive amounts of blood and was rushed to the hospital, the complaint says. However, he died from exsanguination from his bleeding ulcer, according to the suit.

Kathy Reid claims the defendants were negligent and deviated from the appropriate standard of medical care in the care and treatment of her husband.

Kathy Reid is seeking compensatory damages. She is being represented by Tony L. O’Dell and Cheryl A. Fisher of Tiano O’Dell PLLC and James R. Akers II of Akers Law Offices PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-2023

Man says VA Hospital in Huntington negligent in medical care

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Richard Lindsay

Richard Lindsay

HUNTINGTON – The VA Medical Center in Huntington is facing suit over claims it provided inadequate medical care.

George J. Hizer filed a medical malpractice lawsuit Nov. 7 in U.S. District Court Southern District of West Virginia against the United States of America.

Hizer states on June 1, 2011, he received grossly negligent medical care when underwent surgery to repair an abdominal aortic aneurysm at the VA Medical Center in Huntington.

According to the complaint, Dr. Walker failed to adequately cover the aneurysm and caused a fistula to form, leading to additional surgery, hospitalization, decubitus ulceration and additional complications.

The plaintiff is seeking an undisclosed amount in damages. He is being represented in the case by Richard D. Lindsay and Matthew C. Lindsay of Tabor Lindsay & Associates.

United States District Court Southern District of West Virginia Case No. 3:13-cv-28320

Ohio Co. jury awards $900K in med-mal case

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Regan

Regan

WHEELING – An Ohio County jury has returned a nearly $900,000 verdict against a Pennsylvania doctor who allegedly caused a patient’s stroke and death in May 2010.

The jury ruled on Nov. 15 for Ellen Kilgore and the estate of her late husband Dan in a lawsuit filed in April 2012 in Ohio County Circuit Court. Jurors awarded Ellen and the estate more than $890,000, according to the law firm Bordas & Bordas.

The plaintiff was represented by Bordas & Bordas’ Chris Regan and Zak Zatezalo. They said the defendant’s insurer refused to settle the case.

“It is unfortunate that the Kilgore family was forced to revisit this terrible tragedy in open court as a result of Dr. Bedi’s insurance company’s refusal to recognize the plain facts of this matter or make any attempt to resolve Mrs. Kilgore’s claim,” Regan said.

“Mrs. Kilgore had no choice but to bring this serious action before a jury of her peers and fortunately they got it right.”

The complaint says Dan Kilgore was a patient of Bedi’s at Wheeling Hospital. Bedi is a cardiac electrophysiologist.

Kilgore was at Wheeling Hospital to undergo surgery for an abnormal heart rhythm in May 2010.

Bedi discontinued Kilgore’s Coumadin five days prior to the surgery without administering any other anticoagulants, the complaint says.

Kilgore suffered a stroke and died on May 12, 2010. Bedi did not administer any anticoagulants until after the stroke occurred, the complaint says, and failed to adequately monitor his coagulation status in the peri-operative period.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

Widower blames Charleston doctor for wife’s death

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Richard Lindsay

Richard Lindsay

CHARLESTON – A man is suing a Charleston physician after he claims the physician is responsible for his wife’s death.

On July 15, Mari Lynn Gunnoe came to Charleston Area Medical Center and it was noted that her INR was 7.64, which indicated that she was at high risk for bleeding, however, Dr. Leon Kwei discharged her that day, according to a complaint filed Nov. 1 in Kanawha Circuit Court.

Gary T. Gunnoe claims the following day Mari Lynn Gunnoe returned to CAMC because she had collapsed at home. Mari Lynn Gunnoe died shortly after her return as a consequence of a gastro-intestinal bleed and cardio-respiratory arrest.

Kwei negligently discharged Mari Lynn Gunnoe with an INR of 7.64 and negligently failed to perform a rectal exam on her, according to the suit.

Gary Gunnoe claims as a direct and proximate result of the negligence, carelessness, willfulness, recklessness and/or wantonness and deviation from the applicable standard of medical care of Kwei, Mari Lynn Gunnoe was forced to endure mental anguish; pain and suffering; loss of enjoyment of life; and her subsequent death.

Gary Gunnoe is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Richard D. Lindsay of Tabor Lindsay & Associates.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-2050


Woman sues WVU Board of Governors for husband’s death

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Charleston Area Medical Center

Charleston Area Medical Center

CHARLESTON – A woman is suing West Virginia University Board of Governors after she claims it is responsible for her husband’s death.

On Jan. 28, 2012, William R. Goodwin Sr. was diagnosed with left internal carotid artery dissection by Dr. John E. Campbell while a patient at Charleston Area Medical Center, according to a complaint filed Nov. 1 in Kanawha Circuit Court.

Goodwin’s wife, Sharon C. Goodwin, claims he underwent an angiography by Campbell and on Jan. 30, 2012, he was readmitted to CAMC for hematomas at the sight of the angiography, according to the suit.

William Goodwin was later discharged by Campbell, who continued him on his anti-coagulants Lovenox and Coumadin and on Feb. 12, 2012, William Goodwin returned to CAMC and was unresponsive, according to the suit.

Sharon Goodwin claims William Goodwin died of brain stem herniation and intracerebral hemorrhage, according to his death certificate.

The defendant, through Campbell, acted negligently, carelessly, willfully and wantonly and/or with a reckless disregard of risk of harm and in deviation from the applicable standards of medical care in the care and treatment rendered to William Goodwin, according to the suit.

Sharon Goodwin is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Richard D. Lindsay of Tabor Lindsay & Associates.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-2051

Eye surgery botched, woman says

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Kanawha County Circuit Court

Kanawha County Circuit Court

CHARLESTON – A woman is suing West Virginia Laser Eye Center LLC and two physicians after she claims her eye surgery did not fix her visual impairment.

Drs. Gregory Moore and Darrell Steven Reisner are the physicians named as defendants in the suit.

On March 31, 2011, Anita Wade was experiencing visual impairment in her left eye and Moore evaluated her for laser eye surgery at his office, WVLEC, in Charleston, according to a complaint filed Nov. 1 in Kanawha Circuit Court.

Wade claims she was informed she was a candidate for laser eye surgery and was scheduled for surgery for April 15, 2011.

On April 12, 2011, Wade underwent a pre-operative examination and on April 15, 2011, she went over admission paperwork with Moore’s assistant, but did not discuss the surgery with Moore, according to the suit.

Wade claims she was prepped, medicated and underwent laser eye surgery, which was performed by Reisner, not Moore, and immediately following the surgery, she recognized that her visual impairment had not been corrected and she began to experience pain and continued visual impairment.

From April 15, 2011, until Nov. 3, 2011, Wade sough post-operative treatment from Moore and was informed that her difficulties, pain and suffering were normal and would get better over time, according to the suit.

Wade claims she was also charged for the price of conducting laser eye surgery in both eyes when it was only performed in her left eye.

The defendants’ actions caused Wade to sustain medical expenses; pain and suffering; loss of enjoyment of life; mental anguish; loss of consortium; and loss of household services, according to the suit.

Wade is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Richard Weston and Connor Robertson of Weston Law Office.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-2056

Plateau Medical Center, Raleigh General sued over man’s death

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Plateau Medical Center

Plateau Medical Center

FAYETTEVILLE – A man’s estate is suing the hospital for medical malpractice after he died on the way to the operating room.

Debra Pemberton, representative of the Estate of William Clayton Craft, filed a lawsuit Nov. 18 in Fayette County Circuit Court against Oak Hill Hospital Corporation, doing business as Plateau Medical Center, Raleigh General Hospital LLC, Rodney Zane Jarrell D.O., Herbert Oye D.O. and West Virginia Vascular Institute PLLC, citing negligence and medical malpractice.

According to the complaint, on Nov. 25, 2011, Craft went to Plateau Medical Center requesting emergency treatment. The complaint alleges he was not timely examined and was never treated at Plateau on that day.

It states he was not given an appropriate Medical Screening Exam although he went to the medical center with an emergent medical condition, including excruciating severe abdominal pain he had experienced for a week, was audibly moaning and was unable to sit or rest for any period of time in the waiting area as result of the pain.

According to the complaint, Craft then went to RGH to request emergency treatment for the same condition. While at RGH, Craft was examined, received numerous tests and had a CT scan taken.

He was diagnosed with an abdominal aortic aneurysm, pneumonia and UTN urgency, the complaint says. Although his blood pressure and heart rate were rising, the complaint alleges that Dr. Oye examined Craft and decided that surgery could be put off until the next morning.

The complaint states throughout the evening of Nov. 25 the aneurysm continued to tear apart. According to the complaint, doctors failed to properly treat and operate in a timely manner, which caused Craft to die on the way to the operating room to repair his abdominal aortic aneurysm.

Craft’s estate is seeking an undisclosed amount of damages, including court costs and attorney’s fees. The estate is being represented in the case by attorney J.C. Powell of Powell & Majestro PLLC.

Fayette County Circuit Court Civil Action No. 13-C-297

Judgment entered in lawsuit against gynecologist for nearly $315,000

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Kanawha County Circuit Court

Kanawha County Circuit Court

CHARLESTON – A judgment has been entered in a lawsuit against a Charleston gynecologist who a couple claimed was negligent during surgery.

On Aug. 6, a judgment order was filed in Kanawha Circuit Court.

The matter was tried July 15 through 19. The jury returned a verdict in favor of the plaintiff in the amount of $303,741.96, $47,641.96 for past medical expenses for medical care and treatment; $6,100 for lost wages; and $250,000 in non-economic damages.

The court ordered pre-judgment interest in the amount of $11,059.06 from Aug. 11, 2010, through July 19, making the total award $314,801.02.

On Aug. 11, 2010, Dr. Gina R. Busch performed a laparoscopically assisted vaginal hysterectomy, bilateral salpingo-oophorectomy, anterior repair and mid-urethral sling procedure on Brenda Milne at Charleston Area Medical Center, according to a complaint filed Sept. 21, 2011, in Kanawha Circuit Court.

Milne claimed Busch carelessly and negligently inflicted surgical wound and injury on her right ureter.

Busch negligently failed to conform to the applicable standard of care required of a reasonably prudent health care provider, according to the suit.

Milne claimed Busch failed in undertaking a procedure in which she was not fully trained or experienced to perform; in failing to inform Milne as to her experience/qualification or lack thereof; in failing to employ surgical techniques by the appropriate standard of care; and failing to appropriately recognize that she had inflicted an injury and wound in Milne’s right ureter.

The defendant caused Milne’s injuries and caused her to incur hospitalizations, medical care and numerous surgical operations, according to the suit.

Milne and her husband, Scott Milne, were seeking compensatory damages. They were being represented by Stephen P. Meyer of Meyer, Ford, Glasser & Radman.

The defendant was represented by Thomas J. Hurney of Jackson Kelly PLLC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1657

Civil rights suit against Oak Hill PD remanded to Putnam Circuit Court

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Putnam County Courthouse

Putnam County Courthouse

HUNTINGTON – A lawsuit against Oak Hill Hospital has been dismissed from federal court and remanded back to Putnam Circuit Court.

Dr. Brian S. Love; City of Oak Hill; Oak Hill Police Department; Michael Whisman Jr.; and Randall Shannon Prince were also named as a defendant in the suit.

Love filed a third-party complaint against Oak Hill Police Department in May, claiming that discovery in the matter revealed that OHPD was the proximate cause of the decedent’s death and sought indemnification and contribution in that regard.

U.S. District Judge Robert C. Chambers stated on Nov. 20 that the Oak Hill third-party defendants have failed to meet their burden of establishing that Wilshire’s second complaint is a properly pleaded complaint upon which federal subject matter jurisdiction can rest.

Therefore, the court finds jurisdiction cannot be based upon the plaintiff’s second complaint, according to the memorandum opinion. The court remanded the action back to Putnam Circuit Court and found it unnecessary to rule upon the pending motions.

On Aug. 22, 2009, Jeremy Rinehart became seriously ill while in the custody of the Oak Hill Police Department as a result of his ingestion of cocaine in a plastic bag, according to a complaint filed Oct. 18, 2011, in Putnam Circuit Court and removed to the U.S. District Court for the Southern District of West Virginia at Huntington on June 21.

Yevette Wilshire claims her son was taken to Oak Hill Hospital Corporation, which is doing business as Plateau Medical Center, where he was evaluated and treated by Love and other medical providers.

The defendants discharged Rinehart from Plateau and back into the custody of the police department, although Rinehart remained at risk of death or serious bodily injury without continuing care and treatment, according to the suit.

Wilshire claims shortly after his discharge, her son suffered severe pain before losing consciousness and being transported to Raleigh General Hospital. Rinehart died on Aug. 26, 2009.

The defendants failed to exercise the degree of care, skill and learning required or expected, according to the suit.

Wilshire is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Allan N. Karlin and Sarah W. Montoro.

Oak Hill Hospital was represented by W.E. “Sam” Fox II and John M. Huff of Flaherty, Sensabaugh & Bonasso PLLC. Love was represented by David L. Shuman and Karen Tracy McElhinny of Shuman, McCuskey & Slicer PLLC. OHPD, City of Oak Hill, Whisman and Prince were represented by Chip E. Williams and Daniel J. Burns of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-15201

Medical malpractice suit against Charleston physician dismissed

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Matthew Lindsay

Matthew Lindsay

CHARLESTON – A lawsuit filed by a Kanawha County couple suing a physician they claimed failed to treat and diagnose cancer was settled more than a year ago.

The final dismissal order was filed on Nov. 9, 2012, in Kanawha Circuit Court.

Both parties announced to the court that all matters in controversy existing between them had been fully settled, compromised and agreed to, according to the dismissal order.

On April 24, 2008, Peggy Raines complained to Dr. Thompson E. Pearcy about inflammation, rash, lesion and/or discomfort in or around her external genitalia, according to a complaint filed Sept. 30, 2011, in Kanawha Circuit Court.

Raines claimed she made the same complaints in subsequent visits with Pearcy and in October 2009, she discovered a lump in her right inguinal region.

In December 2009, an inguinal lymph node biopsy revealed poorly differentiated squamous cell carcinoma, according to the suit.

Raines claimed Pearcy failed to properly and/or timely diagnose or otherwise investigate her for squamous cell carcinoma of the vulva.

Pearcy also failed to properly and/or timely refer Raines to the appropriate specialist for investigation of squamous cell carcinoma of the vulva and was otherwise negligent, according to the suit.

Raines claimed Pearcy acted negligently, carelessly, willfully and wantonly or with a reckless disregard of risk of harm and caused her injury.

Raines and her husband, Gary Raines, were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Matthew C. Lindsay and Richard D. Lindsay of Tabor Lindsay & Associates.

The defendant was represented by Don R. Sensabaugh Jr. and Amy L. Rothman of Flaherty, Sansabaugh Bonasso PLLC.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-1722

Widow sues Barboursville dermatologist over husband’s death

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Matthew Lindsay

Matthew Lindsay

HUNTINGTON – A widow is suing a Barboursville dermatologist after she claims the physician is responsible for her husband’s death.

On Aug. 21, 2008, David Varney was seen in Dr. Amy A. Vaughan’s office for a lesion on his right upper arm, according to a complaint filed Nov. 13 in Cabell Circuit Court.

Kimberly Varney, the executrix of David Varney’s estate, claims Vaughan excised the lesion and sent the tissue to pathology, which diagnosed the lesion as being a superficial spreading malignant melanoma.

On Sept. 17, 2008, Vaughan performed a wider, but inadequate, excision on the lesion, which tissue was negative for residual melanoma, according to the suit.

Kimberly Varney claims Vaughan did not perform, recommend or refer David Varney for any additional therapy or treatment and on Jan. 18, 2011, following complaints of persistent low back pain, he underwent an MRI which showed “multiple replacing lesions identified throughout the lumbar spine visualized thoracic vertebral bodies,” as well as marrow replacing lesions with the visualizes sacrum.

David Varney was referred to an oncologist and he was diagnosed with metastatic malignant melanoma with spinal metastases and spinal cord compression, according to the suit.

Kimberly Varney claims as a result of the defendant’s failure to remove an adequate amount of tissue during the treatment and diagnosis of David Varney’s melanoma, and failure to provide any further treatment, David Varney suffered severe and permanent injury and died on Dec. 5, 2011.

The defendant acted negligently, carelessly, willfully and wantonly or with a reckless disregard of risk of harm to David Varney and was the proximate cause of injury to and the death of David Varney, according to the suit.

Kimberly Varney is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Matthew C. Lindsay of Tabor Lindsay & Associates.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-854


Woman says Thomas Memorial Hospital caused child’s injuries

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Thomas Memorial Hospital

Thomas Memorial Hospital

CHARLESTON – A woman is suing Herbert J. Thomas Memorial Hospital Association after she claims it caused a child’s injuries.

Herbert J. Thomas Memorial Hospital Association is doing business as Thomas Memorial Hospital. Greenbrier Emergency Services Inc. was also named as a defendant in the suit.

On March 3, Carol Robinson became a patient of the hospital and its emergency department contractor, Greenbrier, according to a complaint filed Nov. 19 in Kanawha Circuit Court.

Michelle Bailey claims the defendants were negligent in their care and treatment of Robinson.

The defendants’ negligence, carelessness and marked deviations from the applicable standard of care by discharging Robinson in spite of her documented stridor, failing to use racemic epinephrine and using an endotracheal tube that was too large, causing damage to her airway, according to the suit.

Bailey claims as a direct and proximate result of the negligence, carelessness, recklessness and marked deviation from the normal standard of care, Robinson was grievously injured and was forced to endure mental and physical pain and suffering.

Bailey is seeking compensatory and punitive damages. She is being represented by William S. Druckman and Madonna C. Estep of the Law Offices of Druckman & Estep.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-2164

Court rules against man who blamed doctor for mother’s death

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Justices of the state Supreme Court

Justices of the state Supreme Court

CHARLESTON — Plaintiffs lawyers should be sure to hire experts whose testimony will enhance their client’s case, not detract from it, the state Supreme Court has ruled.

That’s what happened when Thomas E. Samples appealed when the Circuit Court of Harrison County denied his motion for a new trial. Samples had originally filed suit against Dr. Cecil Holbert and the West Virginia University Board of Governors after his mother died at United Health Center Oct. 14, 2009.

Patricia Samples, 73, died the day after she reported to the UHC emergency room in Clarksburg with a history of nausea and vomiting.

Patricia Samples was examined by an ER physician who was both an agent and employee of WVUBOG. He found that while Patricia had vomited while in the ER, her abdomen was soft and without rebound tendencies. He also reviewed the patient’s x-rays, which revealed no evidence of a small bowel obstruction.

He diagnosed Patricia as having intractable vomiting and related dehydration and treated her with IV fluids. Soon thereafter, the ER physician conferred with Dr. Holbert, who admitted Patricia into the hospital and ordered her transferred to a room.

The nurse assigned to Patricia’s overnight care updated Dr. Holbert by telephone around 1:30 a.m. on Oct. 14. The assessment was that the patient was improving with the administration of the anti-nausea medications.

At trial, that same nurse testified Patricia’s condition was stable until nearly 7 a.m., when she collapsed as she was being assisted to the bathroom. A Code Blue was called, the patient was resuscitated and was transferred to the Critical Care Unit.

Dr. Holbert was contacted and immediately reported to the hospital. After examining Patricia, he noted her abdomen was distended with no bowel sounds. After body fluids were extracted from her, Dr. Holbert requested a surgery consult. However, Patricia coded again and resuscitation attempts failed.

After Dr. Holbert contacted the petitioner with news of his mother’s death, staff at UHC asked the Samples family if they wanted an autopsy performed on the deceased. They declined. Dr. Holbert completed Patricia’s death certificate, listing cardiogenic shock as the immediate cause of death due to or as a result of blood loss anemia.

At trial, the petitioner alleged medical malpractice in the diagnoses and subsequent treatment of his mother’s ailments. However, even his experts disagreed with one another at trial as to Patricia’s cause of death. Following a 90-minute deliberation, the jury returned a verdict for the defense. The circuit court subsequently denied the petitioner’s motion for new trial, which he appealed to the state’s highest court.

The standard of review for a new trial in West Virginia is the abuse of discretion test. Meanwhile, the standard of review of a circuit court’s underlying factual findings is a clearly erroneous standard, while questions of law are subject to de novo review, wrote the Supreme Court.

The petitioner raised four assignments of errors. Among them, he alleged the circuit court erred in admitting Patricia’s death certificate into evidence despite the lack of an autopsy. He further argued the circuit court erred by failing to give an adverse inference jury instruction to the jury regarding the cause of death.

Although when a person who seems in good health dies suddenly, West Virginia Code states if the patient was attended to by a physician, the doctor has the duty to notify to notify the county medical examiner or coroner of the suspicious circumstances. In denying the petitioner’s allegation, the Supreme Court ruled the petitioner had not met his burden of proof.

In fact, said the court, even the petitioner’s own experts disagreed as to Patricia’s cause of death. Moreover, the court noted it was the Samples family that declined the autopsy.

Furthermore, the court ruled that West Virginia law does not prohibit an equivocal death certificate from being admitted into evidence. In fact, West Virginia requires the admission of a death certificate while elevating it to the level of prima facie evidence as to a decedent’s cause of death.

Therefore, the Supreme Court affirmed the lower court’s ruling denying Patricia a new trial.

Logan Co. doctor sued over man’s death

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Logan Regional Medical Center

Logan Regional Medical Center

LOGAN – A man’s estate is suing a doctor after the man died allegedly because surgery was not performed to cure his condition.

Cecilia May Wilson Mays, executrix of the Estate of Robert Roscoe Mays Jr., filed a lawsuit Nov. 6 in the Logan County Circuit Court against Kriengkrai Kitiphongspattana MD, citing medical negligence.

The complaint states that on Dec. 16, 2012, Robert Roscoe Mays Jr. went to Logan Regional Medical Center’s emergency room with abdominal distention, nausea and vomiting. He was diagnosed as suffering from a bowel obstruction and was admitted under the care of the defendant, Dr. Kiti, according to the complaint.

Mays says on that day, Robert underwent a CT scan of his abdomen and pelvis that indicated a distended colon with the possibility of perforation or abscess of the colon.

The complaint states that on Dec. 18, 2012, Robert underwent a chest x-ray which showed obvious and extensive free air beneath the diaphragm, which is allegedly a sign of a bowel perforation and showed a perforated viscus.

The complaint states that on Dec. 19, 2012, Robert was found unresponsive and was ultimately pronounced dead. During an autopsy, he was found to be suffering from perforations of the cecum and ascending colon with spillage of fecal material in the abdominal cavity and generalized peritonitis, the complaint says.

The cause of Roberts’ death was listed as being due to acute generalized peritonitis.

Mays is seeking an undisclosed amount of damages. She is being represented in the case by attorney Robert Kuenzel of Kuenzel & Associates PLLC.

Circuit Court of Logan County Civil Action No. 13-C-289

Cabell Huntington Hospital sued over cleaning of wound

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Cabell Huntington Hospital

Cabell Huntington Hospital

HUNTINGTON – A man is suing Cabell Huntington Hospital Inc. after he claims a physician failed to properly clean his wound and caused it to get infected.

On Dec. 9, 2011, Clyde Mitchell Copley was injured in an ATV accident and suffered a large laceration to his left medial ankle, according to a complaint filed Dec. 6 in Cabell Circuit Court.

Copley claims he was transported to Three Rivers Medical Center in Louisa, Ky., where the wound was evaluated and it was determined that he required a surgical consultation due to the depth of the ankle laceration.

Since there was no orthopedist or general surgeon available at Three Rivers, Copley was transferred to Cabell for access to a trauma surgeon/orthopedist, according to the suit.

Copley claims he arrived at Cabell at approximately 10:21 p.m. on Dec. 9, 2011, and an orthopedic consultation occurred at approximately 1 a.m. on Dec. 10, 2011, and no operative intervention was noted and care was returned to the staff emergency room physician.

The staff emergency room physician noted on examination that the wound was clean and proceeded to suture the wound at approximately 2:09 a.m. and Copley was discharged and sent home, according to the suit.

Copley claims on Dec. 13, 2011, he returned to Three Rivers and presented with erythema, swelling and dry gangrene of the left ankle. The erythema extended to the dorsum of the foot and up the leg and bloody drainage exuded from the closed wound.

The plaintiff was admitted and an orthopedist was consulted and Copley was taken to the operating room, where he underwent a left ankle and foot wound infection incision, drainage and wound VAC application, according to the suit.

Copley claims the wound was found to be contaminated with grass and his wound was debrided and properly cleaned.

Copley was required to use a wound VAC and treated at Three Rivers Medical Wound Care Center for many months before his wound was fully healed, according to the suit.

Copley claims the Cabell physician failed to remove grass from his wound before suturing and the failure to remove grass resulted in an infection that required surgery and care and treatment at a wound care center.

As a result of the defendant’s breach of the standard of care by Cabell’s physician, Copley underwent surgery, incurred medical expenses and endured mental and physical pain and suffering, according to the suit.

Copley is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Michael C. Walker of Cyrus & Adkins.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-938

Lawsuit against St. Mary’s Medical Center settled, dismissed

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St. Mary's Medical Center

St. Mary’s Medical Center

HUNTINGTON – A lawsuit against St. Mary’s Medical Center over an infant allegedly injured during delivery has been confidentially settled and dismissed.

United Health Professionals Inc. and Dr. Steven S. Brumfield were also named as defendants in the suit.

On Dec. 9, an order approving settlement was filed in the U.S. District Court for the Southern District of West Virginia at Huntington.

The plaintiffs “represented to the court that they have agreed to a final settlement with the defendants for confidential amounts,” which were disclosed at a hearing for the case, according to the order.

The plaintiffs agreed to release and discharge the defendants from any and all liability whatsoever arising as a result of the alleged negligence of the defendant, in consideration of the total payments paid by the defendants.

On Aug. 16, 2011, Kayla D. Christy was admitted to St. Mary’s in active labor and nursing employees of SMMC and UHP were responsible for monitoring her labor and Alaina L. Christy’s fetal status prior to birth, according to a complaint filed March 21 in the U.S. District Court for the Southern District of West Virginia at Huntington.

Kayla Christy and her husband, Kyle Christy, claimed during her labor, Alaina Christy’s fetal monitor demonstrated signs of non-reassuring fetal heart rate tracings and the defendants’ employees failed to timely recognize, treat and obtain proper consultation for signs of non-reassuring fetal heart rate tracing during the labor.

The defendants failed to timely deliver Alaina Christy and as a result, she suffered in utero distress, according to the suit.

The plaintiffs claimed Alaina Christy suffered a permanent brain injury and other injuries.

The treatment and/or lack of treatment provided by the defendants was negligent and below the standard of care that ordinary prudent nurses, nurse midwives and physicians or other healthcare providers would have exercised under like or similar circumstances, according to the suit.

The plaintiffs claimed that the injuries and damages Alaina Christy suffered means she will likely never be capable of living independently and caused them to incur medical expenses in the approximate sum of $250,000.

As a further direct and proximate result of the negligence of the defendants, the plaintiffs have been deprived the consortium, society and comfort of their daughter, according to the suit.

The plaintiffs were seeking compensatory damages. They were represented by Robert V. Berthold Jr. and Holly G. DiCocco of Berthold Law Firm PLLC.

St. Mary’s was represented by Nathan I. Brown, J. Lauren H. Savory and Robert M. Sellards of Nelson Mullins Riley & Scarborough LLP. UHP was represented by D.C. Offutt, Jody M. Offutt and Sonja C. Vital of Offutt Nord & Burchett PLLC. Brumfield was represented by Bernard S. Vallejos and Tamela J. White of Farrell, White & Legg PLLC.

The case was assigned to District Judge Robert C. Chambers.

U.S. District Court for the Southern District of West Virginia at Huntington case number: 3:13-cv-05881

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