WEST VIRGINIA RECORD

Aug. 1
West Virginia National Auto Insurance Co., Inc. A/S/O Iva Davis v. Joshua Godwin
PA-Mark E. Gaydos; J-Russell M. Clawges Jr.
* While driving his 2001 Jeep Cherokee, Godwin lost control of his vehicle causing it run off the road and flip over before coming to a stop. Kenneth Helmick, who was a passenger in the vehicle, suffered injuries that required medical treatment and rehabilitation. Godwin was uninsured at the time of the accident. Helmick was covered under an insurance policy of the subrogee Iva Davis. WV National paid $20,000 to Helmick, the amount equal to the per person policy limits under the uninsured motorists benefit package. WV National is seeking judgment against Godwin for the $20,000 paid under the claim in addition to legal fees and interest.
Case number: 07-C-504

Aug. 1
Frankie A. Crider v. Jack M. Bergstein, MD., Stephen S. McNatt, MD., and the WVU Board of Governors
PA-Frankie A. Crider; J-Russell M. Clawges Jr.
* On May 16, 2001 Crider underwent surgery for a gastric bypass procedure performed by Bergstein. Complications occurred during surgery that required additional sutures for leakage. It was also discovered that the distal gastric pouch was burned by electrocautery. Crider was discharged from the hospital on May 23, 2001. Initially after the surgery Crider lost weight, but over an eight- to 10-month period, began to gain weight. Crider contacted another physician, McNatt. In January 2004, he had surgery for a takedown of the gastric fistula with partial gastrectomy. Crider again returned to the hospital in February 2004 complaining of pain, fever and discharge from the drain site. It was determined that Crider developed an intracutaneous fistula with bowel leak and abscess formation as a result of the surgery performed by McNatt. Crider is seeking judgment against Bergstein and McNatt for injuries, damages, losses, medical expenses and past and future earnings.
Case number: 07-C-510