CHARLESTON — A couple is claiming a Stonewall Jackson Memorial Hospital physician performed surgery while under the influence of narcotics.
Hunter and Allison McWhorter filed a complaint in Kanawha Circuit Court against Freddie Persinger, D.O., and Mon Health Stonewall Jackson Memorial Hospital, alleging medical negligence and vicarious liability.
Hunter McWhorter underwent orthopedic surgery on his knee, performed by Persinger at Stonewall Jackson Memorial on Dec. 4, 2017, to repair an ACL tear. The McWhorters allege that Persinger was under the influence of narcotics while performing the surgery, and that he also told them he was struggling with drug addiction at the time. The plaintiffs claim Persinger also failed to repair Hunter McWhorter's pre-existing MCL tear to heal before doing surgery on his ACL tear, or to repair both tears during one surgery. McWhorter has undergone several corrective surgical procedures on his knee, allegedly due to Persinger's negligence.
The plaintiffs seek monetary relief, trial by jury and all other just relief. They are represented by Dino Colombo and Kala Sowers of Colombo Law. The case has been assigned to Judge Tera Salango.
Kanawha Circuit Court case number 19-C-1240