WHEELING – A physician’s assistant claims a Wheeling surgeon repeatedly acted in an unprofessional and inappropriate manner at work, forcing her to file a lawsuit after she was injured because of his actions.
Wendy Vavrek filed her complaint in Ohio Circuit Court against Dr. Carl Barosso and Khoury Surgical Group Inc. Her husband Adam Vavrek also is listed as a plaintiff.
Vavrek says Barosso twice “headbutted” her during surgical procedures at Wheeling Hospital.
“Because the height of the surgical table is set to the height comfortable for the surgeon, members of the surgical team sometimes must stand on step stools during surgery,” her complaint states. “Dr. Barosso would go behind the members of the surgical team and use his foot to jolt the stools, thereby causing the member of the surgical team to lose her balance. This happened on more than one occasion.”
She says Barosso also would sneak up behind members of the surgical team and “forcefully shove things” in their ears.
Vavrek says that on June 23, 2016, Barosso leaned across the surgical table during a procedure and grasped her left forearm with his right hand.
“He leaned into her as if he wanted to whisper something into her ear,’ the complaint states. “He suddenly grabbed Wendy Vavrek’s left wrist with his left hand forcing Wendy Vavrek’s fingers toward the palm of her hand (flexion) while using both of his hands to forcefully shove Wendy Vavrek’s forearm and elbow into the side of the surgical scrub tech who was standing next to Wendy Vavrek.
“There was absolutely no legitimate reason for Dr. Barosso to have done this. Indeed, the purpose of this harmful, uninvited and offensive conduct was to cause Wendy Vavrek’s elbow tos lam into the side of the surgical tech as part of a misplaced and offensive attempt to be funny in the middle of a serious cardiothoracic surgery.”
Vavrek says she suffered severe and significant injuries to her left wrist, including torn cartilage and other soft tissue injury that has required, so far, two surgical procedures.
She accuses Barosso of battery negligence and Khoury Surgical Group of negligent hiring, retention and supervision. She says Khoury Surgical Group should have known of the reputation Barosso had developed prior to the incident that caused her injury.
Vavrek seeks compensatory damages for past and future pain and suffering, medical expenses, lost wages, mental and emotional anguish, embarrassment, annoyance, aggravation, inconvenience and humiliation. Her husband seeks loss of consortium.
She also seeks punitive damages for Barosso’s “intentional, extreme, outrageous” conduct as well as his “reckless disregard for the safety and well-being of Wendy Vavrek.” She also seeks court costs, expenses and fees as well as pre- and post-judgement interest.
Vavrek is being represented by Geoff Brown of Bordas & Bordas PLLC in Wheeling. The case has been assigned to Circuit Judge Ronald E. Wilson.
Ohio Circuit Court case number 18-C-114