Woman who lost toes sues CAMC

by Kyla Asbury |
Aug. 29, 2013, 8:10am

CHARLESTON - A woman is suing Charleston Area Medical Center Inc. for injuries allegedly sustained during surgery.

Dr. Penny Divita; Tara Noel Young-Hodge, P.N.P.; and New Century Emergency Physicians of West Virginia Inc. were also named as defendants in the suit.

On Nov. 6, 2011, Judy M. Gentry presented to CAMC complaining of intense foot pain and a history of nausea, vomiting, diarrhea and right leg pain and swelling after chemotherapy on Oct. 31, 2011, according to a complaint filed Aug. 12 in Kanawha Circuit Court.

Gentry, who has Stage III ovarian cancer, claims she was discharged and sent home with Ultram for the pain.

Gentry claims on Nov. 7, 2011, an ambulance was called to her home to take her back to CAMC and the Kanawha County Emergency Ambulance Authority run sheet indicated that Gentry had "no palpable pulses and the right leg was cold to the touch."

An arterial duplex study was ordered and performed, with a vascular surgery consultation ordered upon arrival at the emergency department, according to the suit.

Gentry claims she was taken to surgery the following day and underwent an anterior tibial thrombectomy; an anterior tibial artery bovine pericardium patch angioplasty; a posterior artery thrombectomy; posterior tibial artery bovon pericardium patch angioplasty; and a right lower extremity four compartment fasciatomy.

After the surgery, Gentry remained a patient at CAMC Memorial Division until Nov. 23, 2011, at which time she was discharged to Cedar Ridge Center Nursing Home, where she remained a patient until Dec. 30, 2011, according to the suit.

Gentry claims despite the efforts of Dr. Steven M. Hass, her right foot became gangrenous to the point where on Jan. 9, 2012, her first and second toes were amputated.

The defendants were negligent in their care of Gentry, according to the suit.

Gentry is seeking compensatory damages with pre- and post-judgment interest. She is being represented by R. Dean Hartley and Mark R. Staun of Hartley & O'Brien PLLC; and Scott S. Segal of the Segal Law Firm.

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

Kanawha Circuit Court case number: 13-C-1535

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