Putnam woman sues Cabell Huntington Hospital, physician for breast cancer recurrence

By Kyla Asbury | Dec 10, 2012

WINFIELD – A Putnam County woman is suing Cabell Huntington Hospital and Dr. Jane Kurucz after she claims their negligence caused her to have a recurrence of breast cancer.

The Marshall University Board of Governors and Edwards Foundation, Inc., which is doing business as Edwards Comprehensive Cancer Center, were also named as defendants in the suit.

Rita Claire Gallagher was a patient of the defendants beginning in December 2006 and January 2007, according to a complaint filed Dec. 3 in Putnam Circuit Court.

Gallagher claims the defendants negligently failed to order a BRCA test for her and negligently failed to provide her the opportunity to choose an elective mastectomy.

The defendants’ negligence caused Gallagher to have a recurrence of breast cancer in March, according to the suit.

Gallagher claims the defendants negligently, carelessly, willfully and wantonly and/or with reckless disregard deviated from the applicable standards of medical care in their care and treatment rendered to her.

The defendants’ failure led to the development of metastatic breast cancer and a substantial increase in the likelihood of a shortened life expectancy, as well as increased healthcare costs, loss of income and increased pain and suffering, according to the suit.

Gallagher claims she sustained bodily injuries; physical pain and mental anguish; disfigurement and deformities; medical expense; humiliation and embarrassment; impairment of her capacity to enjoy life; a diminished life expectancy; and loss of wages and household services.

Gallagher is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Richard D. Lindsay.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 12-C-390

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