Woman claims Cardinal Pediatrics deviated from standard of care

By Kyla Asbury | Aug 12, 2015

MORGANTOWN – A Monongalia County woman is suing Cardinal Pediatrics after she claims it violated the applicable standard of care when treating her child.

Between Oct. 25, 2012, and Aug. 15, 2013, Eliza B. Mazezka was evaluated at Cardinal on at least 11 discrete occasions, with reported and documented complaints of irritability and headaches, attributed to ear pain and periods of unresponsiveness over the course of several months along with an arrest in her growth curve, according to a complaint filed in Monongalia Circuit Court.

Molly A. Abraham, Mazezka's mother, claims on Sept. 6, 2013, Mazezka was first diagnosed with craniopharyngioma with marked obstructive hydrocephalus, by her medical care providers at Ruby Memorial Hospital.

Cardinal breached and deviated from the applicable standard of care by failing to appreciate and investigate the etiology of the significant arrest in Mazezka's growth curve, according to the suit.

Abraham claims the defendant also failed to appreciate and investigate the reported, observed and documented symptoms of irritability and headaches attributed to ear pain, despite normal otoscopic examinations and no fever and periods of unresponsiveness.

Cardinal also failed to document and address Abraham's concerns and reports about her daughter's change in affect, behavior and neurologic status over an extensive time period.

Abraham claims as a result of the defendant's breaches of and deviations from the applicable standard of care by Cardinal, Mazezka sustained a significantly delayed diagnosis of her medical condition and experienced a prolonged period of raised intracranial pressure and pressure on her optic nerves and hypothalamus, which caused severe, permanent injury to her brain.

The severe and permanent injury to Mazezka's brain resulted from the negligence and breaches of and deviations from the applicable standard of care by her medical care providers, according to the suit.

Abraham is seeking compensatory damages with pre- and post-judgment interest. She is being represented by J. Michael Benninger of Benninger Law.

Monongalia Circuit Court case number: 15-C-418

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