CHARLESTON – A Boone County widow blames Thomas Memorial Hospital and two doctors for her husband’s death following hernia surgery.
Reneda Burgess, individually and as administratrix of the estate of Roger D. Burgess, filed her complaint in Kanawha Circuit Court against Dr. Paul D. Kyer III, Dr. Robby Keith and Herbert J. Thomas Memorial Hospital Associates doing business as Thomas Memorial Hospital.
According to the complaint, Roger Burgess underwent a daVinci-assisted laparoscopic hernia repair surgery March 25, 2019, performed by Kyer at Charleston Surgical Hospital related to an enlarging left inguinal hernia and a right-sided inguinal hernia. After the procedure, he was discharged to go home.
Three days later, Reneda Burgess called Kyer’s office because her husband was suffering from testicular swelling. Kyer suggested they contact his urologist to start Flomax. The next day, she called Kyer’s office again when her husband suffered from uncontrollable vomiting.
She then took her husband to Thomas Memorial Hospital with complaints of nausea, vomiting, diarrhea, increased abdominal discomfort and swelling. Radiological tests showed large and small intestine herniation into the left inguinal hernia causing a partial obstruction. He was taken to surgery.
Following the surgery, Roger Burgess suffered hypoxic respiratory failure requiring treatment. He remained under the care and treatment at Thomas until his death April 2, 2019.
Reneda Burgess accuses all defendants of medical negligence, and she accuses Kyer and Keith of medical malpractice as well. She also blames all parties for loss of consortium and for intentional and negligent infliction of emotional distress.
She seeks joint and several compensatory damages for past and future medical expenses, past and future pain and suffering, past and future mental pain and suffering, past and future loss of enjoyment of life as well as past and future annoyance, embarrassment, humiliation and inconvenience. She also seeks punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.
Burgess is being represented by Bradley Dunkle, Dante diTrapano and David Carriger of Calwell Luce diTrapano in Charleston and Richard D. Lindsay of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 20-C-983
