Williamsburg couple sue government over medical care

By Kyla Asbury | Feb 18, 2013

Richard Lindsay


CHARLESTON – The U.S. Government is being sued by a Williamsburg woman who claims she received grossly negligent medical care at Northern Greenbrier Health Clinic.

Beginning June 17, 2010, Tessa Gabbert was a patient at Northern Greenbrier Health Clinic on at least six occasions, according to a complaint filed Feb. 11 in the U.S. District Court for the Southern District of West Virginia.

Gabbert claims the United States failed to properly and timely recognize, diagnose and treat her for ulcerative colitis and toxic megacolon; failed to properly and timely refer her to the appropriate specialist and/or healthcare provider; and was otherwise negligent in the care and treatment provided.

On Aug. 5, 2010, Gabbert’s condition was ultimately diagnosed at the University of Virginia and the following day, she underwent surgery for a hand-assisted laparoscopic total abdominal colectomy, according to the suit.

The defendant’s negligence, carelessness and recklessness caused Gabbert to suffer severe, permanent and irreversible injuries and damages, according to the suit.

Gabbert claims the defendant violated the applicable standard of care by failing to properly and timely provide critical medical care and treatment.

Kenny Gabbert sustained great and irreparable loss in that he has suffered the loss of comfort, society, convenience and consortium of his wife, according to the suit.

The Gabberts are seeking compensatory damages. They are being represented by Richard D. Lindsay and Matthew C. Lindsay.

U.S. District Court for the Southern District of West Virginia: 5:13-cv-2400

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