Couple blames two doctors for 'wrongful pregnancy'

By Kyla Asbury | May 21, 2015

MORGANTOWN – A Morgantown couple is suing two physicians they claim failed to perform a tubal ligation properly, which resulted in a wrongful pregnancy.

On May 16, 2013, Clover S. Wright presented to West Virginia University Hospitals for purposes of undergoing the repair of the significant diastasis recti and umbilical hernia resulting from her second pregnancy, as well as a tubal ligation to prevent future pregnancies and re-herniation of the abdomen, according to a complaint filed May 8 in Monongalia Circuit Court.

Wright claims the tubal ligation was performed by Drs. Charles J. Hochberg and Andrea Martin and, in spite of the tubal ligation, by mid-July 2013, Wright discovered she was pregnant.

In the course of her prenatal care, Wright's treating health care providers suspected placenta accreta, a potentially life-threatening condition, which also posed risks for her unborn child, according to the suit.

Wright claims the suspected condition required additional prenatal care and required her to incur medical expenses and she and her husband, Jesse H. Wright sustained severe emotional distress and upset.

In early 2014, Clover Wright's health care providers determined she was not suffering from placenta accreta, but rather an anterior placenta, and delivery was scheduled for March 5, 2014, on which day Clover Wright gave birth via cesarean section to a healthy baby boy and underwent a repeat tubal ligation, according to the suit.

The Wrights claim the obstetrician who performed the cesarean and repeat tubal ligation noted in his dictated record that both Filshi clips placed on May 16, 2013, were "placed near the fimbriae, with the left possibly not across the tube."

The defendants breached and deviated from the applicable standard of care by utilizing negligent techniques in placing the Filshie clips too far distal from the cornua, toward the fimbriated end of the fallopian tubes, according to the suit.

The Wrights claim Hichberg inadequately supervised Martin, a resident, and allowed her to place the clips improperly.

As a direct and proximate result of the defendants' breaches and deviations, Clover Wright sustained a wrongful pregnancy; required prenatal and postnatal care and treatment; required additional treatment for suspected placenta accreta; required a cesarean section and repeat tubal ligation; and sustained permanent physical injury in the form of a debilitating umbilical hernia, according to the suit.

The Wrights are seeking compensatory damages with pre- and post-judgment interest. They are being represented by J. Michael Benninger of Benninger Law; and Michael D. Simms of Simms Law Office.

Monongalia Circuit Court case number: 15-C-307

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