Amputation caused by retail accident, man says

By Cara Bailey | Dec 14, 2007

CHARLESTON - A Clay County man has filed a suit against a medical retailer, claiming he was hurt while being fit for a special diabetic shoe brace.

According to the suit, that injury eventually led to his leg being amputated.

James R. Townsend filed a suit Nov. 30 in Kanawha Circuit Court against Boll Medical Inc., a retailer of health and personal care items.

Townsend went to Boll on Dec. 11, 2006, to be fitted for a diabetic shoe brace to assist with a left foot drop. An employee at Boll placed a hard cast on Townsend's foot to take a mold of it to assist in properly fitting the brace.

While the employee was removing the hard cast with a special saw the top, outer portion of Townsend's left foot was cut.

Townsend then was sent home and claims he was not properly treated for the cut. As a result of the accident, Townsend was hospitalized several times and had to have his left foot amputated, then his left leg, below the knee. He will have to be fitted for a prosthetic leg.

Townsend claims he was caused to suffer great pain and anguish of body and mind, mental anxiety and embarrassment.

He seeks compensatory and punitive damages.

Attorney Richard E. Hardison is representing Townsend. The case has been assigned to Judge Jennifer Bailey Walker.

Kanawha Circuit Court case number 07-C-2565

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