CHARLESTON – The estate of a Logan County man blames CAMC and other health providers for his death.
Angela Copley, as administratrix of the estate of Donald Lee Copley, filed her complaint in Kanawha Circuit Court against Charleston Area Medical Center Inc., Neurological Associates Inc. doing business as West Virginia OrthoNeuro, and Dr. Calvin Curtis Whaley, a neurosurgeon. The suit claims a medical misdiagnosis led to Copley's death.
According to the complaint, Copley presented to CAMC's Memorial Hospital emergency department on August 15, 2022, with neck pain, throat swelling, impaired breathing and swallowing. An MRI showed infection representing a medical emergency. The next day, Whaley had a consult with Copley. Whaley said the condition likely was "some form of spondylitic arthropathy such as unusual presentation of rheumatoid arthritis, gout or other crystal deposition disease, or even an ankylosing spondylosis."
The complaint says such conditions are not medical emergencies and says Whaley should have included a virulent infectious disease process and pursued appropriate testing.
On August 17, 2022, ENT Dr. Carrie Bush consulted on Copley's care via telephone. Without seeing Copley, she wrongly determined a congenital lingual thyroid was the cause of his symptoms. She said he was safe for discharged and told him to follow up with her at her office the following week. She also prescribed him a steroid, which the complaint says only suppressed his body's ability to fight or slow infection.
The estate says the lack of a proper diagnosis and testing by the defendants, Copley's infection progressed and caused him substantial pain, suffering and permanent injuries until it ultimately caused his death October 12, 2022.
The estate seeks compensatory damages for Copley's injuries, pain, suffering, aggravation, inconvenience, loss of income, future earning potential, loss of enjoyment of life, medical expenses, funeral expenses, burial expenses and death as well as his beneficiaries' loss of society, companionship, consortium, care, assistance, attention, protection, advice, guidance and other damages.
The estate is being represented by Tony O'Dell and Cheryl Fisher of Tiano O'Dell in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 24-C-64
