Couple says physician, others responsible for daughter's injuries, death

By Kyla Asbury | May 14, 2012

MORGANTOWN -- A couple is suing a physician after they claim he failed to adequately treat their daughter and in doing so, is responsible for her death.

Health South Mountain View Regional Rehabilitation Hospital and West Virginia Rehabilitation Hospital, Inc. were also named as defendants in the suit.

Following the removal of a brain tumor, Brittany McCray was a patient of Dr. Russell Biundo and the rehabilitation hospitals, according to a complaint filed April 27 in Monongalia Circuit Court.

Danny McCray Jr. and Darletta McCray, Brittany McCray's parents, claim the defendants were negligent in treating their daughter by allowing her to sustain physical injuries and dramatically shortening her life expectancy.

The defendants were negligent in failing to provide medical care, skilled observation and assessment of the appearance and healing of Brittany McCray's surgical wounds and her functional status, according to the suit.

The McCrays claim the defendants also caused their daughter suffered from permanent physical injuries, including bilateral visual defects, double vision and occasional blinks, incontinence, no purposeful movement of her extremities and serious neurological deficits.

Brittany McCray died on April 6, according to the suit.

The McCrays claim their daughter suffered an impaired capacity to enjoy life after the tumor was removed and prior to her death.

The defendants also caused the McCrays to suffer a loss of consortium due to the death of their daughter, according to the suit.

The McCrays are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Scott Curnutte and Phillip S. Isner.

Monongalia Circuit Court case number: 12-C-295

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