West Virginia Record

Wednesday, July 17, 2019

Man sues Clay Battelle Health Services Association for medical malpractice

By From staff reports | Nov 2, 2017

CLARKSBURG – A man is suing Clay Battelle Health Services Association, claiming a physician was negligent in her care of him.

Dr. Jodie Howell was also named as a defendant in the suit.

On April 6, 2016, John G. Carpenter Jr. began experiencing pain in his back, which was related to pulling a muscle while changing a tire two days prior and went to CBHS and was seen by Howell, according to a complaint filed on Sept. 6 in Monongalia Circuit Court and removed to federal court on Oct. 17.

Carpenter claims in March 2016, he had been treated at CBHS for multiple boils in both underarms, which had been drained and cultured and found to have MRSA. Howell should have been aware o his recent history of MRSA lesions with metastatic spread.

During Howell’s examination, she noted that he had an elevated pulse, noted he was diabetic with diabetic neuropathy, hyperlipidemia and hypertension, according to the suit.

Carpenter claims Howell also noted that he had a large muscle spasm in the left upper lumbar region, which was larger than a fist and that he was tender to palpation in the area.

Howell negligently did not acknowledge Carpenter’s recent MRSA lesions with metastatic spread and did not obtain an urgent CBC with manual differential, sedimentation rate or CT of the lumbar spine, according to the suit.

Carpenter claims Howell negligently did not send the plaintiff to the hospital’s emergency department to obtain the listed studies and sent him home with medications that masked his pain.

On April 10, 2016, Carpenter went to WVU Hospital with altered mental status, encephalopathy, diabetic ketoacidosis, MRSA sepsis and MRSA pneumonia, according to the suit. He was diagnosed with an abscess, among other conditions.

Carpenter claims Howell’s conduct was negligent and reckless.

Carpenter is seeking compensatory damages with pre- and post-judgment interest. She is being represented by J. Bryan Edwards of Cranston & Edwards.

The defendants are represented by Erin Carter Tison of the U.S. Attorney’s Office.

U.S. District Court for the Northern District of West Virginia case number: 1:17-cv-00176

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Organizations in this Story

Cranston & Edwards, PLLC U.S. District Court for the Northern District of West Virginia