Medical malpractice suit against Charleston physician dismissed

CHARLESTON - A lawsuit filed by a Kanawha County couple suing a physician they claimed failed to treat and diagnose cancer was settled more than a year ago.

The final dismissal order was filed on Nov. 9, 2012, in Kanawha Circuit Court.

Both parties announced to the court that all matters in controversy existing between them had been fully settled, compromised and agreed to, according to the dismissal order.

On April 24, 2008, Peggy Raines complained to Dr. Thompson E. Pearcy about inflammation, rash, lesion and/or discomfort in or around her external genitalia, according to a complaint filed Sept. 30, 2011, in Kanawha Circuit Court.

Raines claimed she made the same complaints in subsequent visits with Pearcy and in October 2009, she discovered a lump in her right inguinal region.

In December 2009, an inguinal lymph node biopsy revealed poorly differentiated squamous cell carcinoma, according to the suit.

Raines claimed Pearcy failed to properly and/or timely diagnose or otherwise investigate her for squamous cell carcinoma of the vulva.

Pearcy also failed to properly and/or timely refer Raines to the appropriate specialist for investigation of squamous cell carcinoma of the vulva and was otherwise negligent, according to the suit.

Raines claimed Pearcy acted negligently, carelessly, willfully and wantonly or with a reckless disregard of risk of harm and caused her injury.

Raines and her husband, Gary Raines, were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Matthew C. Lindsay and Richard D. Lindsay of Tabor Lindsay & Associates.

The defendant was represented by Don R. Sensabaugh Jr. and Amy L. Rothman of Flaherty, Sansabaugh Bonasso PLLC.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-1722