Ohio widow's suit blames two doctors for man's death

By Kelly Holleran | Jan 5, 2009

Cabell Huntington Hospital

HUNTINGTON -- An Ironton, Ohio, woman has filed a federal suit on behalf of her deceased husband against Cabell Huntington Hospital, the Marshall University Board of Governors and two doctors, alleging her husband died after doctors failed to properly diagnose his disease.

Robert White died Oct. 14, 2006, after doctors failed to diagnose his flail chest, according to the complaint his wife, Sheila White, filed in United States District Court.

Robert was first admitted to Cabell Huntington Hospital on Sept. 18, 2006, for significant head and chest trauma, the suit states.

He was released from the hospital on Sept. 22, 2006, but suffered from flail chest, Sheila claims.

However, the condition was ignored by Cabell Huntington Hospital, Dr. David Denning, Dr. Sirous Arya and the Marshall University Board of Governors, the entity that employed the doctors, according to the complaint.

Again on Sept. 29, 2006, Robert was seen by Arya, the suit states.

Yet again, Arya sent him home, Sheila claims.

On Oct. 9, 2006, White was admitted to Our Lady of Belfonte Hospital in Ashland, Ky., complaining of severe weakness, according to the complaint.

He died five days later.

Before his death, Robert endured mental anguish, pain and suffering, loss of enjoyment of life, the suit states.

Because of Robert's death, Sheila has become obligated for his medical expenses, experienced great mental pain and anguish and a loss of Robert's services, society, guidance and companionship, she claims.

She has also incurred funeral and burial expenses.

Cabell Huntington Hospital, Denning, Arya and the Marshall University Board of Governors negligently failed to diagnose and treat White for flail chest, which caused his death, the suit states.

Sheila is seeking unspecified compensatory and punitive damages, plus pre- and post-judgment interest, fees and other relief to which she may be entitled.

She is also seeking recovery up to the limits of the West Virginia liability insurance coverage from the Marshall University Board of Governors.

Richard D. Lindsay and Matthew C. Lindsay of Tabor, Lindsay and Associates in Charleston will be representing her.

U.S. District Court case number: 3:08-1449

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