Woman claims Wood Co. chiropractor failed to diagnose injuries

By Kyla Asbury | Oct 30, 2015

CHARLESTON – A woman is suing Eddy Chiropractic Clinic for negligence after she claims it deviated from the applicable standard of care.

Dr. Steven L. Eddy was also named as a defendant in the suit.

Kimberly A. Gerst strained her back at work in February or March 2013 and in May 2013, she fell on her right arm and hand, according to a complaint filed Aug. 27 in Wood Circuit Court and removed to federal court on Oct. 16.

Gerst claims on May 29, 2013, and May 30, 2013 she sought chiropractic care with the defendants and underwent chiropractic manipulation by Eddy.

Following the chiropractic manipulation, Gerst could not lift her right leg and had extreme difficulty walking, according to the suit.

Gerst claims on May 31, 2013, she was taken to Selby General Hospital, where she was diagnosed with a fracture in her spine and two herniated discs.

On June 10, 2013, Gerst underwent surgery to repair the fracture and the herniated discs, according to the suit.

Gerst claims Eddy breached and deviated from the applicable standard of care by not recognizing and diagnosing her then-existing disc protrusion and disc herniation and fracture of the superior endplate of the L5 vertebra on the left prior to performing chiropractic manipulation.

Eddy also breached and deviated from the applicable standard of care by failing to properly read and interpret the x-rays he performed on Gerst's back prior to chiropractic manipulation, according to the suit.

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

U.S. District Court for the Southern District of West Virginia case number 2:15-cv-14110

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