CHARLESTON - A lawsuit against Charleston Internal Medicine Inc. has been dismissed after the parties settled the matters in controversy.
Dr. Robert Eggleston was also named as a defendant in the suit.
On Aug. 14, a dismissal order was filed in Kanawha Circuit Court dismissing the action with prejudice.
Both parties, by counsel, informed the court that all matters in controversy between them had been fully adjusted, compromised and settled, according to the dismissal order.
On July 27, 2010, Dennis Belcher complained to Eggleston, his physician, about an irritation in his penis and on Jan. 3, 2011, Belcher complained to the defendants about an ulcer on his penis, according to a complaint filed Aug. 9, 2011, in Kanawha Circuit Court
Belcher claimed Eggleston did nothing to follow up with his July 2010 complaint, but, shortly after his January 2011 complaint, he was referred to a local urologist, who diagnosed Belcher with squamous cell carcinoma.
On March 2, 2011, a partial penectomy was performed on Belcher and he is presently still suffering from cancer, according to the suit.
Belcher claimed the defendants were negligent in caring for him and caused him to suffer permanent and severe injuries.
The defendants' actions caused Belcher to sustain disfigurement and deformities; suffer physical pain and mental anguish; incur medical expenses; sustain humiliation and embarrassment; and suffer a capacity to enjoy life, according to the suit.
Belcher's wife, Darlene Belcher, suffered a great and irreparable loss in that she suffered a loss of comfort, society, convenience and consortium to and from her husband, according to the suit.
The Belchers were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates.
The defendants were represented by Thomas J. Hurney Jr., Rob J. Aliff and Jonathan Osborne of Jackson Kelly PLLC.
The case was assigned to Circuit Judge James C. Stucky.
Kanawha Circuit Court case number: 11-C-1322