West Virginia Record

Sunday, October 13, 2019

Cabell County man alleges negligent spinal cord stimulator surgery caused neurological damage


By Carrie Bradon | Jun 26, 2019

HUNTINGTON – A Cabell County man alleges the negligence of his physician caused neurological damage and the permanent loss of use of his lower extremities.

Perry Kitts filed a complaint in Cabell Circuit Court against Alastair Hoyt, D.O.; Marshall University Board of Governors, doing business as Marshall University; Marshall University School of Medicine; Marshall Health and Marshall Neuroscience alleging negligence.

The suit states Hoyt is an employee of the defendants. The plaintiff alleges he began receiving care from Hoyt on Feb. 7, 2017, and on April 5, 2017, Hoyt placed a spinal cord stimulator in him. He alleges immediately after the operation, he suffered neurological deficits in his lower extremities.

The plaintiff alleges Hoyt was negligent in the surgery and was negligent in his delay of the discovering of the compression on his spinal cord.

The plaintiff is seeking a trial by jury, all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Arden J. Curry II of Pauley Curry PLLC in Charleston.

The case has been assigned to Judge Alfred Ferguson.

Cabell Circuit Court case number 19-C-213

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