West Virginia Record

Wednesday, September 18, 2019

Marshall University accused of deadly negligence in treatment of bladder cancer patient

Lawsuits

By Carrie Bradon | Jul 10, 2019


BECKLEY — A woman is suing a medical team on behalf of her deceased relative, alleging negligence that resulted in his death.

Mary Muncy, executrix of the estate of Edgar H. Muncy Sr., filed a complaint in the Southern District of West Virginia against Marshall University Board of Governors.

The suit states that Edgar Muncy was a 74-year-old male with a history of bladder cancer and other health conditions. He was seen by a doctor on June 28, 2017 and was suspected to have a cancerous lesion but the doctor was unable to obtain a biopsy. He went to the defendant's urologist that same day with limited medical records. The defendant's urologist ordered labs, a CT scan and scheduled surgery for July 13, 2017. On July 10, 2017, a CT scan of the abdomen and pelvis was performed and revealed that there was no suspicious mass. Despite the findings, which showed he was not a subject that was experiencing abnormalities, he was prepped for a right nephrectomy on July 13, 2017. He began to experience hypotension and several hours into surgery required emergent resuscitation. He was unstable for the remainder of the procedure and required additional procedures for hemorrhagic shock and suffered kidney failure. A number of attempts were made to repair his femoral artery without success and clots formed, resulting in cardiac arrest. He died on Aug. 8, 2017.

The defendant is accused of negligence, liability, breach in the standard of care.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Bert Ketchum of Greene, Ketchum, Farrell, Bailey & Tweel LLP in Huntington.

Southern District of West Virginia case number 3:19-CV-00361

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U.S. District Court for the Southern District of West Virginia Huntington Division

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