Ky. woman sues MU Board for daughter's death

By Kyla Asbury | Mar 7, 2011

HUNTINGTON – An Ashland, Ky., woman is suing the Marshall University Board of Governors after she claims it is responsible for her daughter's death.

On Feb. 17, 2009, Shayla Joli Mullins was admitted to Cabell Huntington Hospital as a result of burn injuries she had received earlier that day, and remained in the hospital until she died two days later, according to a complaint filed Feb. 28 in the United States District Court for the Southern District of West Virginia.

Rebekah Suzanne Cox, Mullins' mother, claims the physicians who treated her daughter were negligent in their care and treatment, which caused or contributed to cause the infant's death.

The physicians who treated Mullins were Drs. Curtis W. Harrison, William James Haberlin, Eduardo Pino, Jay Lakhani and Farid B. Mozaffari, who were all employees of Marshall University's medical school, according to the suit.

Cox claims during Mullins' admission, a duplex ultrasound of her right lower extremity was obtained, which documented the presence of a thrombus extending from her right femoral vein to the right popliteal vein. She claims no treatment was recommended and no ultrasound follow-up was ordered, despite the fact that Pino noted the presence of the deep vein thrombosis and the need for follow-up examinations and treatment of the condition.

The physicians failed to act in the same manner in which reasonably prudent medical care providers or physicians would have under the same or like circumstances, according to the suit.

Cox is seeking compensatory damages for the wrongful death of Mullins with pre- and post-judgment interest. She is being represented by Arden J. Curry II.

U.S. District Court case number: 3:11-cv-00132

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