Bridgeport couple sues physician, office for negligence

MORGANTOWN -- A Bridgeport couple is suing Mountainstate Orthopedic Associates and a physician after they claim it is responsible for improperly performing knee replacement surgery.

D. Max Francis was referred to Dr. Matthew P. Darmelio by his treating physician for examination of his left knee, according to a complaint filed Sept. 1 in Monongalia Circuit Court.

Francis claims after examining his knee, Darmelio ordered an MRI of the knee to evaluate the pain and locking sensation in his knee, which revealed a tear in the medial meniscus on his left knee.

On Feb. 5, 2008, Darmelio examined Francis and discussed various treatment options and on March 24, 2008, he performed a left knee arthroscopy and partial medial menisectomy, according to the suit.

On May 20, 2008, Francis claims he and Darmelio discussed a left total knee replacement and arrangements were made to perform the surgery, which happened on June 2, 2008.

Francis claims he complied with Darmelio's instructions and attended out-patient rehabilitation at Bridgeport Rehabilitation Services and used a CPM machine at his home, but from the surgery until Jan. 1, 2009, he still had problems with his knee.

On Jan. 1, 2009, Francis sought consultation form orthopedic surgeon Dr. Lawrence S. Crossett, who performed a revision of the left knee replacement, according to the suit, and during the surgery noted that "the femoral component surprisingly was loose and left behind all of the intact cement on bone..."

Francis and his wife, Joyce M. Francis, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Scott S. Segal and Mark R. Staun.

Monongalia Circuit Court case number: 10-C-611

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