CLARKSBURG — A lawsuit against West Virginia University Board of Governors was removed to federal court.
The lawsuit also named Drs. Cara Lyle and Adam J. Kaplan.
The defendants argue that the federal court is the proper venue because it involves treatment of the plaintiff at the Louis A. Johnson VA Medical Center, as well as subsequent treatment at Camden Clark Medical Center.
"On or around March through April 2015, the West Virginia University School of Medicine and the Veterans Integrated Service Network Four entered into a Medical Education Affiliation Agreement Between Department of Veteran Affairs and the School fo Medicine and its Affiliated Participating Institutions," the notice states.
The notice states that the Federal Tort Claims Act is the exclusive remedy for a plaintiff who sues a VA healthcare provider for medical malpractice.
Thomas Stillwagon filed the complaint against the defendants on June 14 in Harrison Circuit Court. It was removed to federal court on July 15.
Stillwagon was a resident of Wood Circuit Court and a veteran of the U.S. Air Force. He saw Dr. Alexander Leung on Jan. 26, 2017 at the VAMC for a surgical consultation, along with Dr. Arthur Patterson.
Stillwagon claims he was suffering from bilateral inguinal hernias at the time and informed the physicians he had had a previous hernia that was repaired when he was young.
The plaintiff specifically told both physicians that he wanted the procedure to be done as an open procedure and not laparoscopically performed, as he had had a bad experience with a laparoscopic procedure previously, according to the suit.
Stillwagon claims he was told to sign off on an electronic signature pad for the surgery, but did not tell him he was signing an informed consent document that authorized both open and laparoscopic surgery for the repairs.
On the day of his surgery, he again reminded the surgeons that he needed an open procedure, according to the suit.
Stillwagon claims the physicians performed a procedure known as TEP, which stands for totally exztraperitoneal surgery, and is a more complex approach and more difficult procedure.
Lyle, a third-year resident, entered Stillwagon's peritoneal cavity and caused injury to his small bowel, according to the suit.
Stillwagon claims the small bowel injury required repair, but neither of the physicians recognized the injury and it wasn't until he went to the emergency department of CCMC that the injury was discovered.
While at CCMC, Kaplan was called in perform surgery and he attempted to repair the viscus, but his repair was below the standard of care and failed, according to the suit.
Kaplan attempted to repair the perforation a second time, but that also failed. It wasn't until July 2017, where physicians at University of Pittsburgh Medical Center repaired the problem.
Stillwagon claims the defendants all breached their standards of care and caused his injuries.
Stillwagon is seeking compensatory damages. He is represented by David A. Sims of the Law Offices of David A. Sims.
The defendants are represented by Chelsea V. Prince and Cris B. Cutright of Steptoe & Johnson.
U.S. District Court for the Northern District of West Virginia Case number: 1:19-cv-00136
