CHARLESTON — An Elkview man alleged that a physician whose medical license is currently limited and restricted committed medical negligence when he overprescribed and inappropriately described addictive opiates.
Jonathan Springston filed the lawsuit against Dr. Muhammed Samar Nasher-Alneam, Neurology & Pain Center PLLC, Good Life Apothecary Inc. and Doe Pharmacists 1 through 99.
Springston sought medical treatment with Nasher-Alheam and the pain center, but they failed to properly diagnose and treat his medical conditions and failed to refer him to other physicians or specialists who could properly treat him.
Springston claims he suffered a debilitating addiction to pain medications because the defendants put their own financial interests above keeping him safe.
The pain clinic also failed to follow the accepted standard of care and exposed the plaintiff to chronic opioid use without properly treating his medical conditions.
"Each defendant owed a duty to the Plaintiff to skillfully, prudently and thoroughly diagnose, care, treat, advise, instruct, counsel, obtain informed consent, refer, assess and observe the Plaintiff or maintain proper recordkeeping in such a manner as a reasonably prudent physician and provider would," the complaint states.
Springston claims he was diagnosed with peripheral neuropathy and was referred to Nasher-Alneam and the pain clinic by his primary care physician and when he was seen by Nasher-Alneam, his treatment consisted of the physician taking his blood pressure, weighing him and then giving him a prescription.
The physician did not provide any proper medical examination, according to the suit.
Springston claims the defendants' actions were a pattern of distributing controlled substances that were well-known to be diverted for illegal or illegitimate purposes.
Springston claims the pharmacy failed to establish effective controls and procedures against the diversion of controlled substances and failed to design an effective system to flag suspicious orders.
Springston is seeking compensatory and punitive damages. He is represented by Joseph H. Spano Jr. of Pritt & Spano in Charleston.
A motion to extend time for service of the complaint was also recently filed in the case.
After filing the complaint, the plaintiff served the defendants with an affidavit of counsel, so they are aware and are on notice of Springston's allegations of medical malpractice, but the complaint still hasn't been served, the memorandum states.
Despite the plaintiffs' efforts to proceed in the matter, Nasher-Alneam has hampered those efforts by refusing to provide Springston with his medical records for review by a qualified medical professional, the memorandum states.
Springston is seeking more time to serve the complaint and summons upon the defendants in order to allow time for all parties to comply with the provisions of the West Virginia Medical Professional Liability Act.
Spano said the case is still in its beginning stages and was delayed due to COVID-19.
"This case involves the excessive and over-prescribing of opioid medications and other pain medications by Samar Nasher and the subsequent addiction of Mr. Springston to opioid medications, as well as the continuous dispensing of these medications by the Defendant pharmacy," Spano said in an interview with The West Virginia Record. "The negligence of Defendant Nasher breached the standard of care by allowing the prescribed medications to be used on a chronic basis, despite Mr. Springston not having any significant relief in pain."
Spano said there was also a lack of recognition of resources available to help address the chronic pain from Springston's underlying medical injuries.
Nasher was named in a similar lawsuit filed earlier this month in Kanawha Circuit Court.
Kanawha Circuit Court case number 19-C-1109