WEST VIRGINIA RECORD

CHARLESTON - A woman has lost her lawsuit against the United States of America for injuries allegedly sustained during a caesarean section.

"In accordance with the Memorandum Opinion and Findings of Fact and Conclusions of Law entered this day, the Court orders that judgment be entered in favor of Defendant, the United States of America," according to the judgment order filed Sept. 12 in the U.S. District Court for the Southern District of West Virginia at Charleston.

The court found Lou Ann Runion's necrosis and perforation of Runion's bowel were not caused by thrombosis and because Runion did not develop thrombosis, the court also found that her condition was not preventable by the placement of SCDs and the administration of anti-coagulant medications.

Runion was a 33-year-old receiving care from federally funded Associates in Obstetrics & Gynecology PLLC and Dr. David Rainey for her pregnancy and was diagnosed with several conditions that made her a high risk for developing thrombosis, namely testing positive for a homozygous gene mutation MTHFR abnormality, a Protein S deficiency, a history of cigarette smoking, placental insufficiency indicated by restriction, oligohydramnios, prior abruption, prior stillbirths and prior ectopic pregnancy, according to a complaint filed Aug. 2, 2011, in the U.S. District Court for the Southern District of West Virginia at Charleston.

Runion claimed despite the gene mutation abnormality, she was not protected against thrombosis during her pregnancy and was taken to Raleigh General Hospital Operating Room on Sept. 4, 2008, for a cesarean section and tubal ligation.

Subsequent to the birth of her son, Runion developed severe abdominal complications and was scheduled for exploratory surgery by Dr. Scott Killmer on Sept. 10, 2008, according to the suit.

Runion claimed the exploratory surgery revealed that she suffered from necrosis and perforation of the ascending colon with sporadic necrosis of the terminal illium.

The "Defendant and their employees had a duty to act appropriately and responsibly in the provision of care and medical services to Plaintiff...during the course of their employment," according to the suit.

Runion claimed the defendant breached its duties to her and, as a direct and proximate result, was negligent and caused Runion to suffer serious injuries.

Runion and her husband, Jason Runion, were seeking compensatory damages with pre- and post-judgment interest. They were represented by Douglas V. Atkins of Atkins & Atkins PLLC.

The case was assigned to District Judge Thomas E. Johnston.

U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:11-cv-00525