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Couple accuse doctor of negligence in breast cancer treatment

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CHARLESTON — A woman and her husband are suing Integrated Health Care and a physician for allegations of negligence and improper treatment regarding her breast cancer surgery.

Maribeth Nunnery and Andrew J. Nunnery filed a lawsuit on Feb. 11 in Kanawha Circuit Court against William A. Wood, M.D., and Integrated Health Care, doing business as CAMC Physicians Group and CAMC Health System Inc., citing negligence, vicarious liability, and loss of consortium.

According to the complaint, Maribeth Nunnery underwent bilateral mastectomy and a sub-pectoral placement of tissue expanders for breast reconstruction for the treatment of Stage I breast cancer on Aug. 23, 2013. On Aug. 29, the plaintiff visited the defendant’s office wherein her right breast was allegedly mildly bruised.

During the three months following the surgery, Nunnery experienced subsequent complications, pain, and treatments under the defendant’s care. On Nov. 4, 2013, the plaintiff claims, she sought a second opinion from a plastic and reconstructive surgeon and learned she had a 1 cm. opening draining purulent material at the mid portion of the mastectomy scar as well as inflammation of the overlying skin. The surgeon allegedly recommended surgery to remove a discovered hematoma and to receive intravenous antibiotics.

The plaintiff avers that after months of antibiotics, surgeries, and a latissimus dorsi flap on the left side, she finally achieved reconstruction of her bilateral breasts in April 2015. Nunnery and her husband claim that she suffered loss of enjoyment of life, lost wages, and suffering as a result of the defendant’s medical negligence.

Maribeth and Andrew J. Nunnery seek compensation for damages, pre- and post-judgment interest, attorney fees, expenses, and a trial by jury. They are represented by Barbara J. Utt and Chadrick R. Porter of The Porter Law Firm LLC, in Charleston, WV.

Kanawha Circuit Court Case number 16-c-208

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