CHARLESTON – A Kanawha County woman says she was injured during a surgery.
Laura M. Cart filed her complaint August 14 in Kanawha Circuit Court against Charleston Area Medical Center.
According to the complaint, Cart underwent a beventricular implantable cardioverter defibrillator implantation under fluoroscopy on April 26, 2021. She was 43 years old at the time. During the procedure, she says the doctor could not connect one of the LV leads, and it was decided to abandon the placement of the lead and schedule her for referral to cardiothoracic surgery for the procedure.
On June 23, 2021, she returned to CAMC Memorial Hospital for Dr. Wing Choy Yeen to perform a left video-assisted thoracoscopy surgery converted to left thoracotomy and placement of permanent epidcardial LV lead. During that surgery, Cart suffered a paralyzed/injured phrenic nerve and other injuries.
Because of the injury, she now requires oxygen therapy and other medical services. She also says she has had to undergo additional procedures because of the injury.
Cart accuses CAMC of negligence and gross negligence.
She seeks damages for past and future medical and hospital bills for diagnostic and preventative treatment, therapies and treatment of injuries. She also seeks damages for physical injuries, psychological injuries, emotional distress, mental pain and suffering, fear, humiliation, embarrassment, annoyance, inconvenience, loss of physical health and well-being, loss of enjoyment of life, loss of income and earning capacity, loss of value of employment benefits including pension and retirement benefits, disability and loss of homemaker services.
She seeks compensatory damages, punitive damages, exemplary damages, civil penalties, pre- and post-judgment interests, attorney fees, court costs and other relief.
Cart is being represented by Scott Segal, Ed Amos and Jason Foster of The Segal Law Firm in Charleston. The case was assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-693
