West Virginia Record

Monday, February 24, 2020

Surgeon allegedly failed to treat infection, Jackson County couple alleges

By Philip Gonzales | Aug 22, 2017

Medical malpractice 04

RIPLEY – A Jackson County couple claims that a surgeon failed to recognize an infection was causing the wife medical problems.

Jami Smithay and Jeremy Smithay filed a complaint July 26 in Jackson Circuit Court against Carl Overmiller MD and Community Health Association, doing business as Jackson General Hospital alleging negligence.

According to the complaint, Overmiller performed incisional hernia repair surgery on Jami Smithay in January 2014 and used mesh to repair the hernias. The suit states the mesh later became infected and she needed to have emergency surgery in May 2016.

The plaintiffs holds Overmiller and Community Health Association responsible because the defendant Overmiller allegedly breached the standard of care by failing to formulate a surgical plan to maximize Jami Smithay's safety and for allegedly failing to fix life-threatening injuries he caused before more harm was done.

The plaintiffs request a trial by jury and seek damages in an amount that will fairly and adequately compensate plaintiffs' damages, punitive damages and such other just and proper relief. They are represented by Tiano L. O'Dell and Cheryl A. fisher of Tiano O'Dell PLLC in Charleston. The case has been assigned to Circuit Judge Lora Dyer.

Jackson Circuit Court Case number 17-C-78

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Tiano O'Dell, PLLCJackson Circuit Court