Woman sues WVU Board of Governors for medical malpractice

MORGANTOWN -- A woman is suing the West Virginia University Board of Governors after she claims a surgeon failed to properly close her wound after surgery.

Dr. Henry Fooks Jr. was also named as a defendant in the suit.

On Feb. 27, 2009, Donna M. Neal was admitted to Ruby Memorial Hospital upon Fooks' service, according to a complaint filed May 16 in Monongalia Circuit Court.

Neal claims the defendants were negligent in failing to properly close her surgical wound after performing a nephrectomy.

The defendants' negligent treatment continued in regard to the non-healing of Neal's surgical wound and continuing complaints of abdominal pain, as well as the defendants' failure to diagnose that Neal's surgical wound had not been properly closed, according to the suit.

Neal claims on Jan. 28, 2010, she became a patient of Dr. Leonard A. Fichter and presented to him with complaints of continuing abdominal pain and on March 12, 2010, Fichter admitted her to CAMC Teays Valley Hospital for the purpose of repairing a ventral hernia he had previously diagnosed.

During the hernia repair, Fichter observed that Neal's oblique musculature had not been approximated following the previously performed nephrectomy by Fooks, according to the suit.

Neal claims as a result of the defendants' negligence, she incurred medical and hospital expenses in excess of $71,000.

The defendants' negligence caused Neal pain, discomfort and mental anguish, according to the suit.

Neal is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Frank M. Armada.

Monongalia Circuit Court case number: 12-C-353