Couple claims CAMC, physician were negligent

By Bree Gonzales | Feb 7, 2019

CHARLESTON — A Wyoming County couple is suing a medical facility and doctor, citing alleged negligence.

Lou Emma Dawson and Harles H. Dawson filed a complaint in Kanawha Circuit Court against Charleston Area Medical Center Inc. and Elie G. Gharib, M.D., alleging that they were negligent in the care and treatment of Lou Emma Dawson.

According to the complaint, the plaintiffs allege that on Oct. 31, 2017, Lou Emma Dawson presented to the facility for an outpatient heart catheterization and received two COBRA stents, which prior to the procedure she and her family declined to use when asked to participate in a trial study. While in the PACU, She experienced acute stent thrombosis and needed three rounds of CPR. She was taken back to the catheterization lab and needed placement of two additional stents. She sustained temporary and permanent bodily injuries and incurred and will continue to incur medical and nursing expenses. 

The plaintiffs hold Charleston Area Medical Center Inc. and Elie G. Gharib, M.D. responsible because they allegedly knew that the family declined the request to participate in the trial to receive COBRA stents as it was specifically noted in the medical chart: "Patient approached as potential participant in COBRA study. The study was explained to patient and daughter. They had no questions. Patient and daughter not interested in participating at this time."

The plaintiffs request a trial by jury and seek compensatory damages as allowable under the Medical Professional Liability Act, punitive damages, pre- and post-judgment costs, allowable fees and other relief they may be entitle to receive. They are represented by Richard D. Lindsay and Woody A. Trent of Tabor Lindsay & Associates in Charleston.

Kanawha Circuit Court Case number 18C1538

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Kanawha Circuit Court Tabor, Lindsay and Associates

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