CHARLESTON – A Fayette County man says he was injured during an MRI at CAMC.
Kenneth Gwinn filed his complaint August 14 in Kanawha Circuit Court against Charleston Area Medical Center.
According to the complaint, Gwinn underwent an MRI examination July 8, 2022 at CAMC’s General Division. He is claustrophobic and required sedation/anesthesia for the procedure.
After the MRI, Gwinn complained of pain and burning in his upper arm. He was advised to go to the Emergency Room or to follow up with his primary care physician if it continued. He was discharged and went home.
Two days later, he experienced severe pain in his right arm and drove himself to the Veterans Administration hospital in Huntington. There was concern he was developing compartment syndrome, which occurs when pressure within muscles builds to dangerous levels. It can decrease blood flow, preventing nourishment and oxygen from reaching nerve and muscle cells. He also had visible burns and was in extreme pain. He was life-flighted to West Virginia University’s Ruby Memorial Hospital in Morgantown.
There, he was diagnosed with compartment syndrome, assessed further by an orthopedic team and a plastic surgeon, and he discharged the following day with instructions to follow up with his local orthopedic surgeon. He continued his treatment at Cabell Huntington Hospital for the burn injuries sustained during the CAMC MRI.
Gwinn accuses CAMC of negligence and gross negligence.
He seeks damages for past and future medical and hospital bills for diagnostic and preventative treatment, therapies and treatment of injuries. He 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 as well as disability.
He seeks compensatory damages, punitive damages, exemplary damages, civil penalties, pre- and post-judgment interests, attorney fees, court costs and other relief.
Gwinn is being represented by Scott Segal and Ed Amos of The Segal Law Firm in Charleston. The case was assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-694
