Woman sues Cabell Huntington Hospital, Synthes for defective elbow plate

HUNTINGTON — A woman is suing Cabell Huntington Hospital and Synthes for a defective elbow plate that was implanted into her elbow after an injury.

On May 9, 2008, Barbara Dials fell in her home and suffered injuries to both of her arms, according to a complaint filed May 7 in Cabell Circuit Court.

Dials was seen at Williamson Appalachian Regional Hospital and was diagnosed with bilateral elbow fractures and referred to Cabell Huntington Hospital for follow up treatment.

On May 10, 2008, Dials claims she underwent surgery by Dr. Douglas Tice, who implanted in both of her elbows a plate with screws manufactured and distributed by Synthes.

Dials claims she felt a pop in her left elbow and increased pain and returned to Tice, who discovered the left elbow plate had broken and additional surgery would be needed to remove the broken plate and implant a new one.

On June 27, 2008, Dials underwent the additional surgery, according to the suit.

Dials claims Cabell Huntington Hospital purchased the defective plate from Synthes and that the plate was not reasonably safe for its intended purpose.

Dials is seeking compensatory damages. She is being represented by Douglas Witten, Donald C. Wandling and Robert B. Kuenzel.

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

Cabell Circuit Court case number: 10-C-362