WHEELING – A Wheeling doctor contends he made the correct conclusion after a woman accused him of misdiagnosing her eye condition, causing permanent damage to her eyesight.
Kimberly A. Snider filed a suit April 15 in Ohio Circuit Court against Dr. Raymond A. Bannan.
In an answer to the complaint, Bannan is asking the court to dismiss the lawsuit at Snider's cost, saying he is not guilty of negligence and did not misdiagnose Snider.
In her complaint, Snider says she was treated at Ohio Valley Medical Center on Sept. 3, 2007, for right eye pain, photophobia and increased tear production she was experiencing.
When they discharged Snider, physicians at the center ordered her to take Cipro opth soln q2h and to follow up with Bannan the next day, according to the complaint.
So, on Sept. 4, 2007, Snider says she went to see Bannan, who examined her eyes and noted a ring-like infiltrate on her cornea, the complaint says.
Bannan diagnosed Snider with herpes simplex viral keratitis, and continued her on Cipro. In addition, he ordered her to take Acyclovir 800 mgm orally five times a day, the suit states.
However, Snider says she continued to experience problems with her right eye and returned to Bannan for additional treatments on Sept. 7, 2007.
During the visit, Bannan provided Snider with an additional prescription for Pred-Forte eyedrops, which he told her to take three times daily, according to the complaint.
Still, the problem did not go away, so Snider returned to Bannan again on Sept. 10. Again, he stuck with his herpes simplex diagnosis, the complaint says.
On Sept. 14, 2007, Snider complained to Bannan of blurred right eye vision, which had persisted for two days, the suit states. She sought follow-up treatment from Bannon on Sept. 17, 2007, but was still kept on the same regimen.
Finally, on Nov. 8, 2007, Snider claims she consulted with Dr. Xiaogin Lu. He indicated there was evidence of epithelial infiltrates on her cornea, which required a different treatment than what Snider was initially undergoing.
Because of Bannan's alleged misdiagnosis, Snider says she suffered irreversibly diminished vision in her right eye, scarring to her right cornea, nervousness, emotional tension, anxiety and depression. She also incurred medical costs, experienced a reduced earning capacity and an inability to enjoy various pleasures of life and loss of her strength, health and vitality, according to the complaint.
Snider is seeking unspecified damages in excess of the jurisdictional limits of compulsory arbitration, plus court costs, interest and other relief to which she may be entitled.
In his answer to the complaint, Bannan denies all of Snider's allegations against him. In addition to requesting the court dismiss Snider's lawsuit at her cost, Bannan is seeking attorneys' fees and other relief the court deems just.
Because Bannan is a resident of Ohio and Snider is a West Virginia resident, Bannan removed the case to federal court. In addition, Snider is seeking more than $75,000 worth of damages, Bannan says.
Snider is represented by Thomas D. Hall of Woomer and Hall in Pittsburgh.
Bannan is represented by Patrick S. Casey of Burns, White and Hickton in Wheeling and by Gerald P. Duff of Fregiato, Myser and Davies in Bridgeport.
U.S. District Court case number: 5:09-CV-46