WEST VIRGINIA RECORD

July 24
Hazel Graves, administratrix of the Estate of Charles Graves v. Cabell Huntington Hospital Inc., Amie N. Collins, M.D., Bryan R. Payne, M.D. and Marshall University Board of Governors
PA- Richard D. Lindsay; J- Jane Hustead
* On Aug. 11, 2007 Charles Graves went to the emergency department at Cabell Huntington with severe head pain following a fall. A CT scan ordered by Collins revealed an acute subdural hematoma. A neurosurgery consult was ordered and multiple attempts were made to contact Payne, the neurosurgeon on call, but no response was received. Graves was transferred to St. Mary's Medical Center for a neurosurgery consult and was taken to surgery. He died on Aug. 26, 2007. His wife, Hazel Graves, is suing for negligence and compensatory damages for economic and non-economic losses.
Case number: 09-C-0619

July 27
Rodney Glenn McNeely Sr. v. Deborah Leigh Taylor
PA- Ronald G. Salmons; J- Jane Hustead
* In 2001, McNeely moved in with Taylor, his daughter, In exchange for room and board, he paid $700 each month and 25 percent of the grocery bill. The remainder of his income was deposited into a bank account. According to the suit, Taylor removed McNeely from her home in December 2008. He repeatedly requested return of his assets, including $43,000 in a checking account, $11,000 cash and an unknown amount of silver coins in his safety deposit box, a .22 caliber collector rifle, an Isuzu Rodeo vehicle and clothing. Taylor is allegedly claiming ownership and control of his assets. McNeely is suing for immediate surrender of his assets and punitive damages no less than $100,000.
Case number: 09-C-0623

June C. Sexton and Joanna D. Sexton v. City of Huntington
PA- Michael C. Walker; J- Jane Hustead
* On March 20, 2008, June and Joanna Sexton were injured when their vehicle fell into a sinkhole in 5 1/2 Alley in Huntington. June sustained vertebral fractures of the spine. According to the suit, they were traveling to work when 5 1/2 Alley gave way under the weight of the vehicle, causing a large hole. They claim the City of Huntington failed to maintain its streets and alleyways in a safe condition, thereby breaching its duty and causing them injuries and damages. They are suing for an amount that will reasonably compensate them for their injuries and damages.
Case number: 09-C-0624

Rebecca Smith v. C.R. Bard Inc.
PA- Paul T. Farrell Jr.; J- Jane Hustead
* C.R. Bard Inc. is a New Jersey based business that designs, manufactures, markets, packages, labels and sells medical devices, including Avaulta Anterior and Posterior BioSynthetic Support Systems. Smith was implanted with this product to treat her for pelvic organ prolapse. According to the suit, as a result of the implantation, Smith experienced permanent injury, permanent and substantial physical deformity and loss of a bodily organ system and has undergone or will undergo corrective surgery. She is suing on counts for negligence, strict liability –- design defect, strict liability -– manufacturing defect, strict liability –- failure to warn, breach of express warranty, breach of implied warranty and punitive damages.
Case number: 09-C-0627

Patricia A. Hatfield and Harold Hatfield v. St. Mary's Hospital of Huntington Inc.
PA- Frank M. Armada; J- David M. Pancake
* On April 25, 2007, Patricia Hatfield was admitted to St. Mary's to undergo left shoulder arthroscopic subacromial decompression and left distal clavicle partial resection. According to the suit, St. Mary's employees negligently and carelessly used electrocautery equipment during her surgery and as a direct and proximate result she suffered third-degree burns to her abdomen and pelvic area, causing her permanent scarring and disfigurement, severe pain and suffering, mental and emotional anxiety and discomfort, embarrassment and humiliation and permanent impairing her capacity to enjoy a natural and fruitful life. She is suing for compensatory damages.
Case number: 09-C-0629