CHARLESTON – A Fayette County woman says her daughter died because of the negligence of the staff of Plateau Medical Center.
Pamela Vest, administratrix of the estate of Abagail Vest, filed her complaint against Dr. Howard Newmark and Plateau Medical Center Auxillary Inc. in Kanawha Circuit Court.
According to the complaint, Abagail Vest went to the Emergency Department at Plateau on May 15, 2019, with complaints of pain in her left wrist and shoulder, right foot, fever, dry mouth and dark pungent urine. She was seen by Newmark and others.
After three hours in the ER and a battery of tests an exams, she was discharged with the diagnosis of a urinary tract infection as well as pain.
Six days later, she against went to Plateau ER. She was suffering from general pain and showed signs of critical illness, according to the complaint. She was diagnosed with septic pulmonary embolism, sepsis and peritoneal abscess.
She was transferred to Charleston Area Medical Center for higher-level care. She was pronounced dead at CAMC Memorial on May 22, 2019. The cause of death was determined to be sepsis.
Pamela Vest accuses the defendants of medical malpractice and negligence, claiming they deviated from the standard of care by failing to treat and observe Abagail Vest’s worsening infection, severe dehydration, sepsis, abnormal test results and imaging reports and for failing to admit her for further evaluation. She also accuses the defendants of negligent and intentional infliction of emotional distress and respondeat superior liability.
She says she now has to take care of her daughter’s minor son, who accompanied his mother to her first visit to the ER and “observed the effects of defendants’ negligence on his mother and her deteriorating condition.”
Pamela Vest seeks compensatory damages for her daughter’s pain and suffering, medical expenses and other recoverable losses as well as punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
She is being represented by Bradley D. Dunkle and L. Dante diTrapano of Calwell Luce diTrapano in Charelston and William Jesse Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-606