Couple sues Charleston Area Medical Center for negligence

By Kyla Asbury | Aug 19, 2016

CHARLESTON – A man and his wife are suing Charleston Area Medical Center after they claim the hospital was negligent in caring properly for him during a procedure.

CHARLESTON – A man and his wife are suing Charleston Area Medical Center after they claim the hospital was negligent in caring properly for him during a procedure.

Dr. James P. Tierney was also named as a defendant in the suit.

Charles Ray Burdette Sr. was diagnosed with rental failure due to polycystic kidneys and, following his diagnosis, he received a living donor kidney transplant, according to a complaint filed July 15 in Kanawha Circuit Court.

Charles Burdette and his wife, Beth Ann Burdette, claim since receiving the transplant, the donor kidney had functioned well and he did not require hemodialysis.

Dr. Joseph Africa examined Charles Burdette and recommended a bilateral native nephrectomy to alleviate health issues he later began to face and he was referred to Tierney, according to the suit.

The Burdettes claim on June 26, 2014, Charles Burdette presented to CAMC to undergo the bilateral nephrectomy and, during the procedure, Tierney negligently, carelessly and recklessly removed the living donor transplant kidney, which was the only functioning kidney.

Since the procedure, Charles Burdette has and will continue in the future to receive hemodialysis, according to the suit

The Burdettes claim Tierney was negligent, careless and reckless by failing to exercise and poses the degree of care, skill and knowledge ordinarily exercised by other physicians in similar conditions, thereby falling below the standard of care.

The defendants were also negligent in treating Charles Burdette and failing to identify, isolate and protect the integrity of the transplanted kidney, according to the suit.

The Burdettes are seeking compensatory and punitive damages. They are being represented by Robert B. Warner, Lynnette Simon Marshall and Andrew D. Byrd of Warner Law Offices.

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 16-C-1089

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