West Virginia Record

Wednesday, October 23, 2019

Boone Co. woman sues two physicians for sister's death

By Kyla Asbury | Aug 13, 2015

CHARLESTON – A Boone County woman is suing two physicians she claims are responsible for her sister's death.

Drs. Ahmad Bali and Barry Mitchell are the physicians named in the suit.

On Nov. 27, 2013, Donna Gillenwater underwent a colonoscopy at Charleston Gastroenterology Associates and after the colonoscopy, she developed a massive hemorrhage and went to Charleston Area Medical Center's emergency department, according to a complaint filed in Kanawha Circuit Court.

Kathy Hill claims her sister exhibited signs of nausea, vomiting, abdominal pain, lethargy and hypotension, with a blood pressure of 56/40.

Gillenwater was seen and evaluated by Mitchell and, at some point, Bali was contacted and he also became involved with her, according to the suit.

Hill claims instead of sending her sister directly to surgery, a CT scan was ordered and Gillenwater continued to bleed into her abdomen for another two hours while she waited for the CT scan to be completed.

Gillenwater was finally taken into the operating room hours later and Bali was the surgeon involved, according to the suit. She was diagnosed with a splenic rupture and died less than two hours after surgery.

Hill claims the defendants had a duty to adequately monitor, assess and diagnose Gillenwater's condition and failed to do so.

The defendants were negligent in their care of Gillenwater and caused Hill to suffer emotional injuries and she will continue to be deprived of the full enjoyment of life due to the death of her sister, according to the suit.

Hill is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Harry G. Shaffer III, Frank Venezia and Benjamin M. Mishoe of Shaffer & Shaffer.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 15-C-1287

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