West Virginia Record

Monday, September 23, 2019

Valley Grove couple alleges WVU-employed doctor was not qualified for surgery

State Court

By Kyla Asbury | Aug 13, 2019


WHEELING – A Valley Grove couple is suing West Virginia University (WVU) Board of Governors over alleged injuries from multiple surgeries at Wheeling Hospital.

Gary A. Kestner and Terry L. Kestner filed the lawsuit against WVU after its employee, Dr. David B. Cohen, performed surgery on Gary Kestner for lower back pain, which allegedly caused him to experience numbness and weakness in his left leg following the surgery. The suit was filed in Ohio Circuit Court citing allegations of medical negligence.

Cohen ordered a CT scan and performed another surgery on Gary Kestner a second time in 2017, but the operation did not fix the numbness or weakness, according to the suit.

The suit states Gary Kestner let Cohen attempt a third surgery to fix the issue and later discovered he would need to undergo a fourth surgery to correct loose screws, but this time he did so at Cleveland Clinic on Oct. 19, 2018.

The plaintiffs allege WVU failed to exercise the required degree of care, skill and learning required of a prudent healthcare provider and that Cohen performed surgery that he was not qualified or capable of performing.

The Kestners are seeking compensatory damages. They are represented by Shane M. Mallett of Mallett Law Offices in Wheeling.

The case has been assigned to Circuit Judge David J. Sims.

Ohio Circuit Court case number 19-C-163

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