Couple claim missed diagnosis led to man's paralysis

By Matt Russell | Jun 4, 2014


MOUNDSVILLE -- A man and his wife are suing several medical care professionals for failing to diagnose a spinal injury.

Johnny Taylor and Diana Taylor filed suit in May against Gail Nickerson N.P., Raina Burke M.D., Wheeling Hospital Inc., First Capital Emergency Physicians PLLC, EmCare Inc., Debra Henry M.D. and Reynolds Memorial Hospital.

According to the complaint, on May 11, 2012, Johnny Taylor sustained a traumatic head and neck injury on a riding lawn mower before being taken to the defendant hospital. Johnny was placed in the care of and examined by defendants Nickerson and Burke, who noted his complaints but determined his injuries to be not serious.

The suit states Johnny continued to have movement problems and pain from the incident through a visit with defendant Henry on May 16, 2012. Henry also noted Johnny's injuries as not serious, but sent him for further testing, where it was discovered his immobility was caused by a previously undiagnosed spinal cord injury resulting from the lawn mower accident. Because Johnny's injury was left untreated for so long, he eventually suffered complete paralysis and is now quadriplegic.

The plaintiffs are accusing the named defendants of medical malpractice and negligence, stating their failure to properly diagnose Johnny Taylor's injury in a timely fashion prevented proper treatment and recovery.

The Taylors are seeking compensatory damages in excess of the jurisdictional limit.

They are represented by attorney Craig L. Fishman of Shenderovich, Shenderovich & Fishman P.C. The case has been assigned to Circuit Judge David W. Hummel.

Marshall Circuit Court Case No. 14-C-74H

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