CHARLESTON – A Kanawha County couple alleges their infant was injured because of improper care.

M.L.W. and J.J.W., individually and as natural guardians of infant J.J.W., filed a complaint on Dec. 20 in Kanawha Circuit Court against Pediatrix Medical Group PC, James W. Lowery MD, and Charleston Area Medical Center Inc. alleging negligence and medical malpractice.

According to the complaint, the plaintiffs allege that on Nov. 19, 2014, as a result of defendants' negligence, infant J.J.W. suffered severe and permanent brain injury and other damages. Plaintiffs M.L.W. and her husband J.J.W. allege they suffered loss of consortium, services and comfort of their son J.J.W. The plaintiffs holds Pediatrix Medical Group PC, Lowery and Charleston Area Medical Center Inc. responsible because the defendants allegedly failed to properly manage and treat infant J.J.W. and failed to properly utilize hypothermia/cooling treatment.

The plaintiffs request a trial by jury and seek judgment against defendants in such amount that will fairly and adequately compensate plaintiffs' damages and for such other just and proper relief. They are represented by Robert V. Berthold Jr. and Holly G. DiCocco of Berthold Law Firm PLLC in Charleston.

Kanawha Circuit Court Case number 16-c-1896

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