BECKLEY — An amended scheduling order was filed in a lawsuit against Raleigh General Hospital and other healthcare providers alleging medical negligence in the treatment of a newborn child.
The amendment to the scheduling order stipulates that the discovery deadline was changed from Oct. 4 to Nov. 15 and the deposition deadline was changed from Nov. 15 to Nov. 30.
"The parties have been working in good faith to attempt to schedule multiple depositions in this matter, specifically the parties themselves," the amendment states. "Unfortunately, due to the difficulties in coordinating with multiple parties as well as a cancelled flight that required some previously agreed upon depositions to be rescheduled, to date, no parties have been deposed. The parties have, however, agreed and set numerous depositions."
An Ohio couple filed the lawsuit against several Raleigh County healthcare providers last year.
Ryan Hysell and Crystal Hysell of Wilmington, Ohio, on behalf of their daughter, A.H., filed a complaint in U.S. District Court for the Southern District of West Virginia against Raleigh General Hospital; Alyce Perkowski, a registered nurse; Nurse Bell and Nurse Buchanon; Community Health Systems; Debra Crowder; and the United States of America for allegedly failing to properly recognize the abnormalities shown by fetal monitor strips.
According to the complaint, on Oct. 29, 2010, minor plaintiff A.H. was born at 41 weeks gestation while Crystal Hysell was under the care of the defendants at Raleigh General. As a result of the defendants' negligent acts and omissions, the suit says, A.H. was diagnosed with global developmental delay and was caused to suffer various abnormalities.
The plaintiffs allege the defendants failed to keep adequate records and, despite a fetal monitor showing abnormalities, the defendants failed to contact a physician to treat A.H.
The Hysells seek trial by jury, judgment to be determined at trial, court costs, interest, attorney fees and all other just and proper relief. They are represented by attorneys Christopher T. Nace, Barry J. Nace and Matthew A. Nace of Paulson & Nace PLLC in Washington.
U.S. District Court for the Southern District of West Virginia case number: 5:18-cv-01375