Marion couple sues hospital, physician for problem during surgery

By Kyla Asbury | Feb 16, 2010

MORGANTOWN -- A Marion County couple is suing Monongalia General Hospital and one of its physicians, claiming the physician breached and deviated from the applicable standard of care.

On Dec. 31, 2007, Cynthia K. Shuck underwent a laparoscopic assisted vaginal hysterectomy performed by Dr. Rita K. Payne, according to a complaint filed Jan. 19 in Monongalia Circuit Court.

Shuck claims during the procedure her bladder was lacerated.

Payne recognized she had injured Shuck's bladder and, in attempting to repair the laceration, injured and damaged her ureter by suturing it to her bladder, according to the suit.

Shuck claims she developed a right ureterovaginal fistula because of the procedure.

Payne breached and deviated from the applicable and accepted standard of care by negligently attempting repairing the laceration, according to the suit.

Shuck claims she has sustained physical pain and suffering, emotional pain and suffering, loss of enjoyment of life and other damages and injuries.

Shuck and her husband, Dennis A. Shuck, are seeking compensatory damages. They are being represented by J. Michael Benninger of Wilson, Frame, Benninger & Metheney.

Monongalia Circuit Court case number: 10-C-33

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