CLARKSBURG - A man is suing the United States of America and Stonewall Jackson Memorial Hospital Company in federal court after he claims he was injured and required to undergo amputation of his right lower leg.
Dr. Mario Estolano was also named as a defendant in the suit.
On Aug. 23, 2010, Larry J. Allen was admitted to the emergency department at Stonewall Jackson with complaints of pain and numbness in his right lower extremity and was examined by Estolano and discharged, according to a complaint filed July 29 in the U.S. District Court for the Northern District of West Virginia at Clarksburg.
Allen claims Estolano deviated from the applicable standard of care by failing to properly diagnose and treat an arterial occlusion of his right lower extremity, which resulted in severe and permanent injuries, including amputation of the toes of the right foot and subsequent right below-the-knee amputation.
On Sept. 1, 2010, Allen presented to Minnie Hamilton Health Care Center, an agent of the United States, where he was evaluated by Dr. David Watson, who also deviated from the applicable standard of care by failing to properly diagnose and treat the arterial occlusion of his right lower extremity, according to the suit.
Allen claims the toes of his right foot were amputated on Oct. 27, 2010, and he was required to undergo a right below-the-knee amputation on Nov. 3, 2010.
The acts and events that occurred constitute negligent and wrongful acts and omissions of agents and employees of the U.S. Government, in accordance with the laws of the state of West Virginia, according to the suit.
Allen claims he suffered great pain and has been permanently injured.
As a result of the defendants' negligence, Allen is entitled to economic and non-economic damages, according to the suit.
Allen is seeking damages in the amount of $2 million, according to a claim form. He is being represented by C. Benjamin Salango of Preston & Salango PLLC and Timothy C. Bailey of Bucci, Bailey & Javins LC.
The case has been assigned to District Judge Irene M. Keeley.
U.S. District Court for the Northern District of West Virginia at Clarksburg case number: 1:13-cv-00175