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Tuesday, March 19, 2024

Wheeling Hospital sued for assault on employee, failing to keep employee information confidential

Lawsuits
Hospital

WHEELING — A couple is suing Wheeling Hospital and a physician after claiming they failed to protect medical information and confidentiality of an employee.

Dr. Robert J. Fanning, Mara Bowman, Wheeling Hospital, Tri-State Emergency Physicians LLP and five unknown and unnamed individuals were named as defendants in the lawsuit.

Jeri Lin Campbell and Dallas Campbell filed the lawsuit in Ohio Circuit Court.

Prior to the events that occurred on May 9, 2017, Fanning had previously been reprimanded for rude, offensive and harassing language directed at employees at Wheeling Hospital.

Jeri Campbell and Dallas Campbell claim Fanning had been reprimanded just three weeks before the incident involving her for throwing blood on the wall, splashing blood on a scrub technician and turning off blood pressure on purpose.

In 2016, Fanning had been reprimanded for assaulting a radiology technician during a cardiac catheterization, according to the suit.

The Campbells claim Fanning was performing a cardiac catheterization on May 9, 2017, when Jeri Campbell was assigned to assist him in the procedure as the circulating nurse.

There were also two radiology technicians and another circulating nurse assigned to assist during the procedure.

The female patient's vein was difficult to gain access to and the patient was nervous and crying, according to the suit.

The Campbells claim Fanning informed them he would obtain access through the right femoral artery but did so in a patronizing tone that indicated that he was angry.

While Jeri Campbell was consoling the patient and placing sterile extension tubing, a large amount of blood squirted over the drape and onto Fanning's gloves due to the patient's high blood pressure.

After the right femoral vein sheat was placed, Fanning motioned for Jeri Campbell to pass the IV fluid tubing and she advised him it was in front of him, according to the suit.

Jeri Campbell claims Fanning began staring at angrily and "abruptly picked up the extension tubing from the bloody drape, hooked it up...and in an overhand motion, threw the tubing at Jeri Campbell's face."

Jeri Campbell was struck by the tubing, which sprayed the patient's blood on her face, and crashed into the hanging monitors behind her.

The plaintiff then connected the patient's tubing and left the room to attempt to wipe the blood from herself, according to the suit. When she returned to the room, Fanning began to yell at her and another nurse in the room.

The Campbells claim Jeri Campbell then had to participate in Wheeling Hospital's bloodborne pathogen exposure program for one year because of the exposure to the patient's blood.

The hospital failed to eliminate the hostile working environment created by Fanning after the incident, according to the suit. Jeri Campbell also overheard Bowman discussing the incident with the staff in the emergency department and was obtaining information regarding Jeri Campbell's medical condition.

Fanning committed assault and battery upon Jeri Campbell, and all of the defendants committed an invasion of privacy. The Campbells also claim Wheeling and Tri-State were negligent.

The Campbells are seeking compensatory and punitive damages. They are represented by Robert P. Fitzsimmons, Robert J. Fitzsimmons and Donald M. Kresen of Fitzsimmons Law Firm.

Ohio Circuit Court case number: 18-C-95

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