CHARLESTON -- A Kanawha County couple is suing Charleston OB-GYN Associates for negligence after their child died.

Melinda Spurlock and her deceased child, Asher Spurlock, were patients of the defendant, according to a complaint filed Feb. 12 in Kanawha Circuit Court.

Melinda Spurlock and her husband, Jordan Paul Spurlock, claim the defendant was negligent in its care of Mrs. Spurlock and Asher Spurlock and deviated from the applicable standard of care.

The Spurlocks claim the defendant failed to adequately diagnose and treat Mrs. Spurlock, and/or failed to appropriately and timely deliver Asher Spurlock; failed to perform a caesarean section on Mrs. Spurlock to deliver Asher Spurlock; and failed to properly and adequately monitor the condition of Asher Spurlock.

As a result of the defendant's negligence, Mrs. Spurlock suffered a ruptured uterus, resulting in pain and suffering and medical expenses; and Asher Spurlock died Feb. 21, 2009, according to the suit.

The Spurlocks incurred funeral and burial expenses for Asher Spurlock. They claim Asher's death has resulted in great mental pain and anguish; loss of services, society, guidance and companionship; and has resulted in financial and pecuniary losses.

The Spurlocks are seeking damages in an amount yet to be determined. They are being represented by William S. Druckman and Madonna C. Estep of the Law Offices of Druckman and Estep.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-269

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