Morgantown physician sued for man's lung cancer, death

MORGANTOWN – A woman has sued a Morgantown physician for a family member's lung cancer and death.

In April 2007, Walter I. Vincent had complaints of a decreased tolerance to exercise and had a positive stress test on April 24, 2007, and a cardiac catheterization on July 17, 2007, which showed multi-vessel disease, according to a complaint filed April 25 in Monongalia Circuit Court.

On July 25, 2007, Vincent underwent a five-vessel coronary artery bypass graft performed by Dr. Jose L. Cruzzavala, according to the suit.

Sandra Sue Vincent claims prior to being discharged, Walter I. Vincent underwent a portable chest x-ray, which showed a soft tissue density noted at the left upper lobe, "which could be...possible tumor."

On Aug. 16, 2007, Walter I. Vincent underwent another chest x-ray where the mass was noted again, but was not discussed at his follow-up visit with Cruzzavala, according to the suit.

Sandra Sue Vincent claims no treatment was provided for the mass until Feb. 10, 2009, when Walter I. Vincent underwent a chest x-ray that showed the mass and a CT scan was ordered by Walter I. Vincent's primary care physician.

On March 11, 2009, Walter I. Vincent was diagnosed with metastatic stage IV non-small cell lung cancer, according to the suit.

Sandra Sue Vincent claims the cancer ultimately metastasized to Walter I. Vincent's brain and he died on Nov. 20, 2009.

Cruzzavala deviated from the acceptable standards of care and/or was negligent in caring for Walter I. Vincent, according to the suit.

Sandra Sue Vincent claims Cruzzavala deprived her and Walter I. Vincent's other heirs from companionship, society, comfort, guidance, advice, kindly offices, protection, care and assistance.

Sandra Sue Vincent is seeking compensatory and punitive damages. She is being represented by Robert P. Fitzsimmons, Brent E. Wear and Michael E. Nogay.

Monongalia Circuit Court case number: 11-C-261