HUNTINGTON -- A Jackson County woman and her husband are suing the Marshall University Board of Governors after injuries during a surgery caused her to need a significant blood transfusion.

On Feb. 14, 2008, Nola J. Byers underwent an anterior cervical discectomy performed by employees of the defendant, according to a complaint filed May 4 in Cabell Circuit Court.

Byers claims during her surgery she sustained a severe laceration and transection of her right vertebral artery, which required a significant blood transfusion and the surgery was interrupted in an attempt to control the bleeding.

Byers was discharged the following day "without any attempt to properly repair the right vertebral artery in an effort to obtain a patent artery after the severe laceration and transection," according to the suit.

The Marshall University Board of Governors negligently, carelessly, recklessly, incompetently and in a deviation from the normal standard of medical care, failed to properly care for Byers, according to the suit.

Byers and her husband, the Rev. Robert L. Byers, are seeking compensatory damages. They are being represented by Robert V. Berthold Jr. and Robert V. Berthold III.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 10-C-356

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