CHARLESTON – The mother and grandmother of a female child who was mistakenly diagnosed as having an STD at a Kanawha County hospital and falsely placed in protective custody as a result has filed a suit against the hospital.
In their suit filed in Kanawha Circuit Court, plaintiffs K.S. and K.M.S., individually and as next friend of their minor granddaughter and daughter Jane Doe, alleging negligence against the defendant Thomas Health System Inc.
The suit states Jane Doe, her mother, K.M.S., and K.M.S.'s boyfriend went to Thomas Memorial Hospital on Sept. 6, 2018, where Jane Doe, who was 5 at the time, was tested for a urinary tract infection. K.M.S., who had recently been diagnosed with a STD, also underwent a urine test along with her boyfriend, the suit states.
K.S., Doe's grandmother, alleges she received a call on Sept. 14, 2018, to return to the emergency room as Doe's test mistakenly indicated that Doe's STD test was positive.
The plaintiffs allege the urine sample mix-up caused Jane Doe to be incorrectly diagnosed with an STD, which resulted in Jane Doe having to undergo a rape test, be taken into Child Protective Services' custody and banned from her mother. The suit states on Sept. 20, 2018, a case worker notified the adult plaintiffs that Doe did not test positive for any STDs.
"....5-year-old Jane Doe was forced to endure particularly invasive vaginal and rectal exams by an ER doctor she did not know as well as being separated from her mother, K.M.S. because of defendant Thomas' misconduct," the complaint states.
The plaintiffs seek compensatory and punitive damages and are represented by Robert Bastress III of DiPiero, Simmons, McGinley & Bastress PLLC in Charleston.
The case has been assigned to Circuit Judge Louis Bloom.
Kanawha Circuit Court case number 19-C-876
