Harrison woman sues WVU Hospitals, others for injuries

By Kyla Asbury | Mar 15, 2010

MORGANTOWN -- A Harrison County woman is suing West Virginia University Hospitals Inc., West Virginia University Medical Corporation, University of West Virginia Board of Governors and a physician for injuring her during a pre-operative femoral nerve block.

On Feb. 29, 2008, Bethany D. Ward was suffering from left knee patellar hypermobility with medial patellofemoral ligament incompetence and admitted to Ruby Memorial Hospital, according to a complaint filed March 1 in Monongalia Circuit Court.

Ward claims Dr. Richard W. Eller administered a pre-operative femoral nerve block when he mispositioned the needled and/or punctured the nerve.

Eller "knew or should have known how to administer pre-operative intraneural injection of local anesthesia for her left knee reconstruction in such a manner as to properly position the needed and not puncture and/or injure the nerve," according to the suit.

Ward claims the defendants failed to provide the proper care and treatment and/or perform the proper procedures in administering the pre-operative nerve block; order and/or provide and/or consult and rely on proper studies, tests and/or procedures; timely and promptly discover the misplacement of the needle and/or anesthetic to the nerve; ensure she received adequate supervision and treatment; and provide sufficient numbers of qualified personnel, provide necessary pre-operative procedure on and meet her needs.

As a result of the defendants' negligence, Ward claims she has sustained great pain and suffering; severe mental anguish and emotional distress; future medical costs; lost wages and income; and diminished capacity to enjoy life.

Ward is seeking compensatory and special damages for medical expenses and lost income; general damages for physical pain and suffering, mental anguish, emotional distress, permanent injury, annoyance, inconvenience, loss of earning capacity and loss of enjoyment of life; and pre- and post-judgment interest. She is being represented by Michelle Widmer-Eby.

Monongalia Circuit Court case number: 10-C-122

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