Mingo man sues MU Board of Governors for mother's death

HUNTINGTON -- A Mingo County man is suing the Marshall University Board of Governors after he claims they are responsible for his mother's injuries and death.

Edna Maynard was hospitalized at St. Mary's Medical Center from July 4, 2011 until July 18, 2011, according to a complaint filed April 20 in Cabell Circuit Court.

Jerry Maynard claims his mother was admitted under the general surgery service for evaluation, diagnosis and treatment of her right upper quadrant pain and common bile duct stone.

The attending general surgeons employed by the defendant had a duty to provide appropriate and adequate supervision over the residents working under their service who were involved in Edna Maynard's treatment while she was admitted at St. Mary's Medical Center, according to the suit.

Jerry Maynard claims Edna Maynard had a laparoscopic cholecystectomy with intraoperative cholangiogram on July 8, 2011, but the procedure was uneventful and the cholangiogram showed a possible small filling defect at the distal common bile duct. He claims the defendant planned to perform an ERCP to evaluate the medical issues at a later time.

On July 11, 2011, the surgery service decided to place a central venous line in Edna Maynard for electrolyte and fluid administration, according to the suit.

Jerry Maynard claims the central venous line operative procedure was performed by two second-year surgery residents without the presence supervision or oversight of an attending surgeon.

The central line was improperly positioned in Edna Maynard's carotid artery instead of her internal jugular vein due to the failure of the residents to identify proper placement, according to the suit.

Jerry Maynard claims following the placement of the central line, a chest x-ray was obtained to check the line placement and the x-ray imaging indicated that the line could be within the carotid artery based upon the appearance of the catheter orientation and further clinical correlation was indicated to determine proper line placement.

Without consulting an attending physician, and without taking action to properly confirm line position in the internal jugular vein instead of the carotid artery, the surgery resident issued an order clearing the central line for use, according to the suit.

Jerry Maynard claims the central line was not safe for use because it was in the wrong place and the next day, Edna Maynard suffered a mental status change.

The central line remained in Edna Maynard's carotid artery for many hours and was not removed until 8:20 p.m. on July 12, 2011, according to the suit.

Jerry Maynard claims his mother suffered a stroke as a result of the central line being positioned in the carotid artery and shortly following the stroke, her condition deteriorated significantly and she had to be intubated.

Edna Maynard remained hospitalized at St. Mary's Medical Center and then was transferred to Cornerstone Hospital of Huntington until she died on Aug. 18, 2011, as a result of complications associated with her stroke and resulting medical condition, according to the suit.

Jerry Maynard is seeking compensatory damages. He is being represented by William M. Tiano.

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

Cabell Circuit Court case number: 12-C-254