CIVIL FILINGS: Cabell County

by Kyla Asbury |
Mar. 19, 2010, 2:20am

March 9
Beverly Rakes, Administratrix of the Estate of Scotty Rakes vs. Safique Ahmed, MD; Logan Hematology & Oncology, Inc.; Marshall University Board of Governors; Marshall University Board of Governors d/b/a Marshall University Medical School; Marshall University Board of Governors d/b/a the Edwards Cancer Center; Cabell Huntington Hospital, Inc.; and Cabell Huntington Hospital d/b/a the Edwards Cancer Center
PA- Arden J. Curry II, Pauley Curry; J- F. Jane Hustead
* Mr. Rakes underwent chemotherapy twice with Ahmed. He requested a second opinion and was referred to Edwards Cancer Center. On Feb. 27, 2008, Dr. Wade Douglas performed a laryngoscopy, which found that here was a normal larynx and upper esophagus, and as a result, there was nothing to biopsy, according to the suit. Despite this, Ahmed continued with chemotherapy and Mr. Rakes was diagnosed with neutropenia secondary to chemotherapy and died March 13, 2008. Mrs. Rakes claims her husband died as a result of unnecessary chemotherapy. She is seeking compensatory damages for her husband's wrongful death.
Case number: 10-C-202

March 11
Robert E. Bell and Heather M. Bell vs. Fifth Third Bank
PA- Robert E. Vital, R. Matthew Vital; J- F. Jane Hustead
* Oct. 21, 2008, the Bells claim the defendant offered a loan modification that reduced their monthly obligation from $938.11 to $733.03 (with $497.94 being the principal payment and interest, and $235.09 escrow payment), an interest rate of 4.25 percent and an extension of the term for repayment period. On Jan. 16, 2009, the defendant informed the Bells their payment had been approved for $653.28 in principal and interest, not $497.98, and they had defaulted for "failing to make monthly scheduled payments." The Bells claim for the entire year of 2009, the defendant failed to help them with the loan modification. The Bells are seeking compensatory and punitive damages.
Case number: 10-C-211

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