CHARLESTON – A Nicholas County couple is suing Charleston Area Medical Center after they claim a surgical procedure ended up causing injuries.

General Anesthesia Services Inc. was also named as a defendant in the suit.

On Oct. 29, 2014, Denise L. Harvey was scheduled to have a scalp lesion procedure performed by Dr. David Hayes at CAMC’s Women and Children’s Division and she was to be discharged that same day, according to a complaint filed March 30 in Kanawha Circuit Court.

Harvey claims she presented herself to the hospital that day and, during the pre-screening check, she indicated she had a history of Gastroesophageal Reflux Disease, also known as GERD.

Sometime after the procedure began, Harvey was converted from MAC anesthesia to general anesthesia via a Laryngenal Mask Airway, which was performed by a doctor known as Dr. Panger. In his notes, Panger indicated that Harvey was restless and he decided to place the LMA.

Harvey claims after approximately five minutes of placing the LMA, the nurse anesthesia noted brownish emesis in the filter of the LMA, at which point Harvey was then endotracheal intubated and she aspirated again, which required re-intubation.

Upon completion of the procedure, Harvey was admitted to the Intensive Care Unit and seen by critical care medical staff and was started on Unasyn. Her lactic acid levels were consistent with severe sepsis and a chest x-ray showed bilateral nodular opacities representing multi-focal pneumonia, according to the suit.

Harvey claims she was eventually discharged home on Nov. 3, 2014, but she remained very symptomatic and she was seen by Katherine Boggs, a physician’s assistant, at Pulmonary Associates of Charleston on Nov. 10, 2014, to follow up for pneumonia.

The plaintiff was then seen on Nov. 12, 2014, by Crystal Taylor, a nurse practicioner at Camden Family Health and by Dr. George S. Dawson at Ear, Nose & Throat Associates of Charleston on Dec. 12, 2014, according to the suit.

Harvey claims to date, she still suffered complications from the procedure performed on Oct. 29, 2014, including voice disturbance, dysphonia/hoarseness and extreme emotional distress.

Harvey and her husband, Timmy E. Harvey, are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Scott S. Segal and C. Edward Amos II of the Segal Law Firm.

The case is assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 16-C-454

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