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Saturday, November 2, 2024

Couple sues WVU Hospitals for failure to diagnose blood clots

Medical malpractice 07

MORGANTOWN – A couple is suing West Virginia University Hospitals after they claim it failed to diagnose blood clots.

West Virginia University Hospitals Inc. is doing business as WVU Cheat Lake Physicians.

Dr. Gregg O’Malley was also named as a defendant in the suit.

On Nov. 18, 2013, Karen Lemery underwent a colonoscopy and two days later, she saw Dr. Gwendolyn Emery because of left arm pain, left hand pain, stinging in her left arm and hand and redness in her left arm and hand, according to a complaint filed May 23 in Monongalia Circuit Court.

Karen Lemery and her husband, Michael Lemery, claim Karen Lemery had blood clots blocking the normal flow of blood to her left arm and hand, but she was diagnosed as having possible neuralgia from her hand positioning during the colonoscopy and a local allergic reaction to the IV, which was wrong.

On Dec. 2, 2013, Karen Lemery reported to Emery’s office again because her symptoms had not gotten any better and had, in fact, worsened, according to the suit. Emery scheduled her to be seen by an orthopedic surgeon, but that appointment wasn’t until Jan. 6, 2014.

The Lemerys claim when Karen Lemery expressed concern about wanting to be seen sooner, she was told there was no rush.

On Dec. 10, 2013, Karen Lemery saw O’Malley, who negligently, carelessly, recklessly and in deviation from the appropriate standard of medical care, failed to properly evaluate Karen Lemery and failed to make an appropriate differential diagnosis, according to the suit.

The Lemerys claim she saw O’Malley again Dec. 26, 2013, and still was not diagnosed with having blood clots.

As a direct and proximate result of the defendants’ negligence, carelessness, recklessness and deviation from the appropriate standard of medical care, Karen Lemery suffered permanent injuries that will severely limit the use of her left arm and hand for the rest of her life, according to the suit.

The Lemerys are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Tony L. O’Dell and Cheryl A. Fisher of Tiano O’Dell PLLC.

Monongalia Circuit Court case number: 16-C-306

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