CHARLESTON - A Kanawha County couple has filed a suit against a local physician claiming surgery he performed caused further injury.

Gretchen and Marshall Cavender filed a suit against Michael P. Noto and Kanawha Valley Foot and Ankle Associates PLLC.

On March 25, 2005, Cavender saw Noto for pain in her right foot. According to the suit, Noto recommended and performed a resection implant arthroplasty on Cavender's right first metatarophalangal joint.

The suit says that prior to performing the surgery, Noto failed to properly screen Gretchen Cavender to determine if she was an appropriate candidate for the procedure. The suit also says Noto failed to properly position the implant.

As a result of the surgery, the complaint says she now has a fused joint, along with other medical complications in her right foot.

Tony L. O'Dell is representing the Cavenders, who seek adequate compensation for the damages incurred to them.

The case has been assigned to Judge Duke Bloom.

Kanawha Circuit Court case number 07-C-303

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