Surgeon sues others for false allegations

By Kyla Asbury | Sep 29, 2011

MORGANTOWN – A Morgantown surgeon is suing two other physicians he claims made false allegations against him and caused him to suffer embarrassment and loss of reputation.

In August 2009, Dr. Ehab Akkary was a physician at West Virginia University Hospitals in the department of surgery, according to a complaint filed in Monongalia Circuit Court.

Akkary claims Drs. Uma Sundaram and Magesh Sundaram were also physicians at West Virginia University Hospitals.

The defendants authored an anonymous letter addressed to the Dominion Post newspaper, Office of Quality Monitoring, Resident Services / ACGME and Charlotte Pullsim of the West Virginia Board of Medicine holding themselves out as "residents in the department of surgery at WVU and surgical ICU nurses at WVU Hospital," according to the suit.

Akkary claims on Aug. 27, 2009, the defendants authored a second anonymous letter that contained many of the same allegations they alleged from their first letter.

Both of the letters authored by the defendants "fraudulently and untruthfully indicated a concern for the plaintiff's 'gross incompetence and negligence as a surgeon at WVU,' the plaintiff's 'lack of conscience and concern for patients,' and the plaintiff's desire to 'do as many cases as possible to make money,'" according to the suit.

Akkary claims the letters also falsely indicated that he had caused many patients to be hurt or die and listed eight patients who had either died or suffered innumerable complications as a result of surgery done by him.

The allegations contained within the letters amount to fraud and misrepresentation, according to the suit.

Akkary claims after the West Virginia Board of Medicine investigated, it deemed the allegations to be false and unfounded and withdrew the complaint.

The defendants' actions caused Akkary to suffer a loss of income, aggravation and annoyance and inconvenience, according to the suit.

Akkary is seeking compensatory and punitive damages with pre- and post-judgment damages. He is being represented by Kevin T. Tipton.

The Sundarams filed a suit against Akkary on June 2, citing that he had filed a false, defamatory and slanderous complaint against them. They claimed that Akkary intentionally made slanderous and defamatory remarks regarding their surgical abilities to one of Magesh Sundaram's patients.

The Sundarams claim because of Akkary's complaints, Uma Sundaram was unable to take a position at WVU Hospital and Magesh Sundaram was not able to obtain a promotion to full professor at the hospital.

Monongalia Circuit Court case number: 11-C-198

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