Woman sues Marshall Board of Governors, others for husband's death

By Kyla Asbury | Jun 14, 2010

WAYNE -- A Kenova woman is suing the Marshall University Board of Governors, Cabell Huntington Hospital, University Physicians & Surgeons and a Huntington physician for her husband's death.

On Dec. 8, 2007, Richard K. Miller was admitted to Cabell Huntington Hospital and diagnosed with severe ulcerative colitis and discharged six days later, according to a complaint filed May 18 in Wayne Circuit Court.

Upon his discharge, Miller was prescribed Amiodarone 200mg and was instructed to take two twice daily, according to the suit.

On Dec. 21, 2007, Miller presented to his primary care physician, Dr. Gary D. Cremeans II and was instructed to continue taking the Amiodarone tablets.

Miller's wife, Betty J. Miller, claims on Feb. 19, 2008, her husband reported to Cremeans that he felt weak, was short of breath and that it hurt when he took a deep breath, but that Cremeans instructed him to continue with the Amiodarone tablets.

On Feb. 21, 2008, Mrs. Miller claims Mr. Miller presented to the emergency department at Cabell Huntington Hospital with weakness and chest pains and upon evaluation, Dr. Eva Tackett ordered discontinuation of Amiodarone due to "Amiodarone lung." Mr. Miller remained in the hospital until March 22, 2008.

Mr. Miller died on April 2, 2008, according to the suit, with the cause of death being Amiodarone toxicity leading to respiratory failure from pulmonary fibrosis.

Mrs. Miller claims the defendants deviated from the standard of care and were negligent in caring for Mr. Miller.

Mrs. Miller is seeking compensatory and punitive damages. She is being represented by William L. Mundy.

The case has been assigned to Circuit Judge James H. Young.

Wayne Circuit Court case number: 10-C-103

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