Lawsuit says sponge left in woman caused death

CHARLESTON - A man is using Select Specialty Hospital-Charleston Inc. over his wife's death.

Dr. Hatem Mahmoud Hossino was also named as a defendant in the suit.

On May 22, 2010, Glenna Sue Fugate was hospitalized at Thomas Memorial Hospital with complaints of acute abdominal pain, according to a complaint filed Aug. 14 in Kanawha Circuit Court.

James Zachariah Clinton Fugate claims Glenna Fugate was found to have perforated diverticulitis and was extremely septic and was taken to the operating room, where she underwent a Hartmann's procedure performed by Dr. Kristen Eads.

Subsequently, it was discovered that Glenna Fugate had an abdominal abscess and was taken back to surgery to repair a perforated bowel approximately 2 to 3 centimeters proximal to her colon, according to the suit, and a large amount of stool was found throughout the abdominal cavity.

James Fugate claims following the second surgery, a wound vac was placed on Glenna Fugate's abdominal abscess.

On June 25, 2010, Glenna Fugate was discharged to Select Specialty for long-term acute care, and, after a long and complicated course that included multiple admissions to various hospitals, Glenna Fugate was transferred to Cornerstone and then to the Heritage Center in Huntington, according to the suit.

James Fugate claims Glenna Fugate died at St. Mary's Medical Center in Huntington on April 23, 2011, and a sponge-like foreign body was found in her body during her autopsy.

Given the gross description of the sponge and its condition, and based upon a review of the medical records, the sponge discovered at the autopsy was left in Glenna Fugate's abdomen during one of her hospitalizations, according to the suit.

James Fugate claims the presence of the sponge, by inciting chronic and continued infection, was the ultimate cause of Glenna Fugate's death.

The defendants were negligent in leaving the sponge inside Glenna Fugate during one of her hospitalizations, according to the suit.

James Fugate is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Richard D. Lindsay and Matthew C. Lindsay of Tabor Lindsay & Associates.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 13-C-1552