On Oct. 13, 2014, Charles Cumptan presented to St. Mary’s to undergo a total right knee arthroplasty and was placed under general anesthesia, according to a complaint filed in Cabell Circuit Court.
Charles Cumptan and Deborah Cumptan claim the surgery was successful and Charles Cumptan was transferred to a bed and recovery.
At no point between Oct. 13, 2014, and Oct. 16, 2014, his day of discharge, did Cumptan’s surgeon or attending physician release him to shower on his own, according to the suit.
The Cumptans claim on Oct. 15, 2014, the second day post-op, Charleston Cumptan was receiving morphine and Roxicodone to manage his pain post-total right knee replacement and was documented as a high fall risk .
A falling star was placed on Charles Cumptan’s door to identify that he was at a high risk of falling and, despite being documented as a high fall risk and under the effects of narcotics, St. Mary’s nursing and/or therapy staff permitted him to shower by himself the morning of Oct. 15, 2014, where he slipped and fell, according to the suit.
The Cumptans claim Charles Cumptan suffered a permanent, substantial and irreparable brachial plexus injury to his left shoulder that resulted in the loss of use of his left arm.
Charles Cumptan, who is left-hand dominant, continues to experience pain in the left trapezius and shoulder, weakness and dysesthesias in the left upper extremity and has experienced significant muscle atrophy, according to the suit.
The Cumptans claim the defendants were negligent and caused Charles Cumptan’s injuries.
The Cumptans are seeking compensatory and punitive damages. They are being represented by Kathy A. Brown of Kathy Brown Law; Debra A. Nelson of the Nelson Law Firm; and Timothy D. Houston of Houston Law.
The case is assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number: 16-C-444