CHARLESTON – A state agency is suing over claims a Braxton County minor was permanently injured due to a delay in the diagnosis of a hip injury.

The West Virginia Department of Health and Human Resources, as guardian and next friend of Samuel C. Walker, a minor, filed a lawsuit Aug. 12 in Kanawha Circuit Court against Greenbrier Emergency Services Inc. and Dr. Bruce Gorby, citing the West Virginia Medical Professional Liability Act.

According to the complaint, 11-year-old Walker was injured in a bicycle accident June 5, 2012, and taken to Braxton County Memorial Hospital, where he was seen by Gorby of Greenbrier Emergency Services and sent home.

The complaint states when pain in his leg continued, Walker was taken back to the hospital June 8, 2012, where it was discovered he had a fracture of the left femoral neck and he was transferred to Ruby Memorial Hospital to undergo an open reduction internal fixation June 9, 2012.

Walker's family states the doctor there informed them the delay in treatment had caused avascular necrosis, and the boy underwent two more surgeries as a result and can expect to undergo future hip replacement surgeries.

The defendants are accused of negligence in treatment, as Walker's ability to bear weight on his leg and the state of his hip were never assessed in the Braxton County Memorial Hospital emergency room.

The plaintiff is seeking compensatory damages plus costs.

It is being represented in the case by attorneys Arden J. Curry II and Susan C. Brasselle of Pauley Curry PLLC in Charleston and Lynette Marshall of Warner Law Offices in Charleston. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court Case No. 14-C-1443

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