Man sues Herbert J. Thomas Memorial Hospital Association

By Kyla Asbury | Feb 7, 2013

CHARLESTON – A man is suing Herbert J. Thomas Memorial Hospital Association for injuries he allegedly suffered while in its care.

On Nov. 13, 2011, Emory R. Paxton presented to the defendant for complaints of a rash, shortness of breath and congestive heart failure exacerbation and on Nov. 16, 2011, he underwent surgery for placement of a defibrillator, according to a complaint filed Jan. 18 in Kanawha Circuit Court.

Paxton claims prior to and during the procedure, there were multiple intravenous sites that were documented in his medical record and, upon arrival to the recovery room, he had complaints of pain in his left hand, which was wrapped in a bandage for the first time since his admission to the hospital.

In his medical records, there was a note from a nurse that said Paxton’s left arm was “grossly edematous from previous infiltrate,” according to the suit.

Paxton claims a request for a plastic surgery consultation was made on Nov. 16, 2011, and the consultation was performed on Nov. 17, 2011.

The defendant had a duty to recognize when an infiltrate/extravasation occurred and provide adequate treatment in a timely manner, according to the suit.

Paxton claims the defendant deviated from the standard of care by failing to recognize that an infiltrate/extravasation occurred and failing to provide timely treatment.

As a result of the defendant’s negligence, carelessness, recklessness and deviation, Paxton suffered a very extensive infiltrate/extravasation injury, which led to full thickness necrosis; multiple corrective surgeries and hospitalizations; permanent scarring; partial loss of use of his left hand; and medical expenses in the approximate amount of $288,218, according to the suit.

Paxton is seeking compensatory damages. He is being represented by Robert V. Berthold Jr. and Christina L. Smith.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-125

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