CLARKSBURG – A federal judge has dismissed a lawsuit against St. Joseph Hospital that was filed by a federal inmate who alleged he was injured.

Last month, District Judge Gina Groh adopted the report and recommendation previously filed by U.S. Magistrate Judge Robert W. Trumble. Trumble recommended the complaint be dismissed without prejudice.

Objections to Trumble’s R&R were due within 17 days of being served and Trumble did not make any objections.

“Upon careful review of the R&R, it is the opinion of this court that Magistrate Judge Trumble’s Report and Recommendation should be, and is hereby, order adopted…” Groh wrote.

On Oct. 27, 2015, Frederick Sellers filed his lawsuit against the hospital, the United States, Dr. Salvator Lansan and Ruthie Carson, a physician’s assistant.

Sellers suffered a “horrendous injury from an ill-advised hernia operation while housed at FCI Gilmer.”

The federal staff performed unprofessionally regarding Sellers’ conditions, according to the suit.

Sellers claims his 8th Amendment rights were violated, as he was subjected to cruel and unusual punishment by negligently scheduling the operation for him when he never complained of a hernia.

The plaintiff also claimed they refused to give him pain medication and, due to the erroneous surgery, he now suffers from anxiety and paranoia from constant thoughts “of what really went on when the surgeon cut me open.”

U.S. District Court for the Northern District of West Virginia case number: 3:15-cv-00121

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