CHARLESTON – The widow of a Kanawha County man blames Charleston Area Medical Center and a physician for his death.
Joyce Mathena, as personal representative of the estate of James E. Mathena, filed her complaint against CAMC and Dr. Kenneth Boston Proops.
According to the complaint, James Mathena was admitted to CAMC on January 31, 2021, for shortness of breath. On February 4, 2021, physicians at CAMC performed a MitraClip consultation and recommended he receive outpatient MitraClip surgery.
diTrapano
One day before that consult, CAMC had suspended performance of all MitraClip procedures for 30 says. The estate says no one told Mathena or his family that.
On February 10, 2021, Mathena returned and said his shortness of breath was worse, but he was discharged with no follow-up scheduled. On February 16, 2021, Mathena called CAMC to confirm he was still “on the schedule” for the procedure, but he didn’t receive a response.
On February 18, 2021, he was admitted to CAMC’s Emergency Department with worsening shortness of breath. Proops was the physician caring for him then.
A cardiologist reported Mathena’s condition was deteriorating because he hadn’t received the procedure yet, but that a transfer to another hospital for the procedure couldn’t be done without approval from CAMC administrators.
He again was discharged February 20, 2021. Less than 24 hours later, he was found unresponsive at his home by family members. They performed CPR on him until paramedics arrived. He was taken to CAMC in full cardiac arrest, and his condition never improved.
His family removed him from life support, and he died on February 23, 2021.
The estate accuses Proops of professional negligence for deviating from the reasonable and accepted standards of medical care for discharging Mathena on February 20, 2021. It accuses CAMC of professional negligence and vicarious liability.
Mathena’s estate seeks general damages for sorrow, mental anguish, loss of solace, companionship, comfort, guidance, kindly offices and advice, loss of income, services, protection, care and assistance and expenses related to his death. It also seeks punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
In their answers, the defendants deny the allegations and seek to have the case dismissed.
Mathena’s estate is being represented by L. Dante diTrapano and David H. Carriger of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes of Forbes Law Offices in Charleston. The defendants are being represented by Melissa Dodd Veltri and Brittany Given Simmons of Dinsmore & Shohl in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 22-C-518
