NEW MARTINSVILLE – A New Martinsville man alleges he suffered increased and prolonged pain and numbness in his wrist because of a failure to diagnose and treat and open fracture and failure to remove foreign material from a wound.

Kyle P. Summers filed a complaint on June 29 in Wetzel Circuit Court against Brian Gullett, D.O. and ERx LLC alleging deviation from the applicable standard of care.

According to the complaint, the plaintiff was evaluated by Gullett at the Wetzel County Hospital's emergency room for a cut on his arm on car glass on July 6, 2014. No X-rays were done at the time, the suit states, and Gullett placed sutures in the plaintiff's arm. The suit states that X-rays done in August 2014 showed that foreign bodies were still present in the plaintiff's arm and that he underwent surgery in September 2014 to remove them.

The plaintiff holds Gullett and ERx, LLC responsible because the Gullett allegedly failed to consider the possibility of a retained foreign body or considered the possibility of a fracture.

The plaintiff requests a trial by jury and seeks compensatory damages, interest, all legal fees and any other relief as the court deems just. He is represented by C. Richard Wilson of Wilson Law Offices in Moundsville.

Wetzel Circuit Court case number 17-C-51

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