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WEST VIRGINIA RECORD

Saturday, November 23, 2024

Man sues Genesis Youth Crisis Center for failing to seek medical treatment

Hospital emergency sign

MORGANTOWN – A man is suing Genesis Youth Crisis Center after he claims his appendix burst and he was in severe pain.

The West Virginia University Board of Governors was also named as a defendant in the suit.

Tommy J. Eddy III was placed at Genesis on Dec. 6, 2011, as a juvenile and on Jan. 12, 2012, he became very ill with severe abdominal pain and vomiting, according to a complaint filed Feb. 23 in Monongalia Circuit Court.

Eddy claims he complained to the staff at Genesis at the time and his complaints were ignored and he was given two Tylenol tablets and sent to his room.

On Jan. 13, 2012, Eddy’s condition had worsened and he complained again to the staff and he was given anti-diarrheal treatment and sent to his room again.

Eddy claims he was told if he had to go to the hospital and, as a result, didn’t finish his restriction, he would have to start the program all over again and he went back to his room, but his condition worsened.

At approximately 10 a.m. on Jan. 13, 2012, Eddy went back to the medical staff to complain a third time and was told to “suck it up” and sent back to his room, according to the suit. In the afternoon hours, an employee known as “Mrs. H” started her shift and noticed that Eddy was gravely ill and immediately took him to MedBrooke Clinic in Bridgeport for evaluation.

Eddy claims not long after being seen at MedBrooke, he was diagnosed with appendicitis and immediately transferred to United Hospital Center, where he underwent a battery of tests and diagnosed with acute appendicitis.

The plaintiff was then transferred to West Virginia University Hospitals via ambulance due to the fact that UHC did not have a pediatric surgeon available, according to the suit.

Eddy claims he was scheduled for surgery at 8 a.m. or 9 a.m. on Jan. 14, 2012, however, for unknown reasons, the surgery was delayed until later that day and his appendix burst, causing him to be in severe pain.

The defendants were negligent and breached their duty of care by failing to properly treat him and/or seek medical treatment for him in a timely fashion, according to the suit.

Eddy claims if the hospital had not delayed his surgery, he would not have been in distress and agony due to his appendix bursting.

Eddy is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Kevin Tipton of Tipton Law Offices.

Monongalia Circuit Court case number: 16-C-112

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