POINT PLESANT – In addition to the case now on appeal before the state Supreme Court, a Point Pleasant urologist is defending himself against in a second malpractice suit, one which has been dormant for seven years.
In the midst of preparing arguments on why the Court should reverse a lower court's decision to dismiss Dr. Danny R. Westmoreland's malpractice case against Dr. Shrikant K. Vaidya, Robert W. Bright, with the Story Law Offices in Pomeroy, Ohio, is now counsel of record for Frank Eugene Meadows of Henderson in his case against Vaidya.
According to court records, Bright filed a notice of appearance on June 14.
Meadows initially filed suit against Vaidya on July 19, 2000. In his suit, court records show Meadows alleged Vaidya failed to properly treat him for a case of Peyronie's Disease, a build-up of plaque in the penis which makes an erection painful, and sex often difficult or impossible.
However, his suit became dormant when his then-attorney, David W. Nibert was elected circuit judge later that year. In a previous interview with the Record, Meadows said though he found at least one attorney who would be willing to takeover his case, no doctor with whom he consulted wanted to serve as an expert witness for fear of being sued.
In the interim, Westmoreland brought his suit against Vaidya for malpractice on June 10, 2005. In his suit, which he initially filed pro se, Westmoreland alleged a cystoscopy Vaidya performed on him on two years earlier for the removal of a stent in his urterer, led to him developing Peyronie's Disease, and renal failure. Westmoreland later retained Bright to appeal Kanawha Circuit Judge Tod J. Kaufman's Oct. 26 order dismissing the case.
Kaufman was appointed by the Supreme Court to hear Westmoreland's case when both Nibert and Judge Thomas C. Evans III recused themselves. Meadows' case was originally assigned to Evans, who was re-elected to the bench in 2000.
Since accepting Meadows' case, court records show that Bright served Vaidya with a renewed complaint on July 18 via U.S. Mail. Though he signed for the letter on July 28, neither he nor anyone from his legal team has replied to the suit.
Representing him in the Westmoreland case is Rob J. Aliff, Thomas J. Hurney and Amber L. Hoback with the Charleston law firm of Jackson Kelly.
Court records show that Vaidya failed to answer Meadows' compliant when he first filed it seven years ago. Part of Westmoreland's argument for remanding his case back to the circuit court for trial is that no ruling was made for 18 months on his motion for default judgment when Vaidya filed to reply to his complaint.
Mason Circuit Court case 00-C-132 (Meadows)