West Virginia Record

PRINCETON – A Virginia woman is suing over claims her total knee replacement was improperly planned and performed.

Shelma Richardson filed a lawsuit Oct. 14 in Mercer Circuit Court against Dr. Gary Patrick McCarthy and Consensus Orthopedics Inc., citing negligence.

According to the complaint, radiographic images were taken of Richardson's right knee July 26, 2012, and Consensus Orthopedics used them to plan a total knee replacement surgery for the treatment of osteoarthritis. The complaint states Consensus provided some of the hardware for the replacement, and Dr. McCarthy performed the surgery Aug. 30, 2012, according to Consensus' surgery plan.

Richardson says she experienced a knee dislocations that November, which required a closed reduction, but when she informed Dr. McCarthy, he stated that it was to be expected when becoming used to the implant. Later that month, Richardson experienced another dislocation that required a closed reduction and, on Nov. 26, 2012, she saw another doctor who advised surgical revision was the only way to restore proper function.

Richardson says she experienced a third dislocation after she left that doctor, and required an emergent closed reduction. The complaint states Richardson underwent a revision arthroplasty at Princeton Community Hospital, where it was discovered the tibial and femoral components had been improperly placed, with the wrong slope and varus, respectively.

The lawsuit states McCarthy either failed to follow the Consensus surgery plan or, in the alternative, the plans were incorrect and McCarthy failed to recognize the defects in the plan and correct them during surgery.

Both defendants are accused of negligence in preparing and carrying out the knee replacement plan.

Richardson is represented by attorneys R. Dean Hartley and Mark R. Staun of Hartley & O'Brien in Wheeling. The case has been assigned to Circuit Judge Omar Aboulhosn.

Mercer Circuit Court case number: 14-C-547