NEW MARTINSVILLE – A Wetzel County man alleges his leg had to be amputated after a crush injury because of the negligence of a health care facility.
Patrick Barger filed a complaint in Wetzel Circuit Court against Wetzel County Hospital Association Inc.; Brian Gullett, D.O.; and ERx LLC alleging breach of the standard of care.
According to the complaint, on Dec. 31, 2014, a large steel pipe fell against leg and injured the plaintiff while he was working at the former Ormet Aluminum Smelter facility. The suit states he was transported to defendant's hospital facility wherein he was treated with a brace on his leg and pain medications.
However, on Jan. 1, 2015, Barger alleges he continued to experience pain and discomfort and was diagnosed at Marietta Memorial Hospital with compartment syndrome in his injured leg. His leg was amputated in order for an infection to stop spreading, the suit states.
The plaintiff holds Wetzel County Hospital Association Inc. Gullett and ERx LLC responsible because the defendant Wetzel County Hospital Association allegedly failed to have policies in place to assess patients in the emergency department.
The plaintiff requests a trial by jury and seeks judgment for all damages, including attorney's fees, costs, pre- and post-judgment interest, and for such other relief the court deems meet and proper. He is represented by David A. Sims of Law Offices of David A. Sims PLLC in Vienna.
The case has been assigned to Circuit Judge Jeffrey Cramer.
Wetzel Circuit Court case number 18-C-39