HUNTINGTON – A Cabell County couple claims a doctor botched a surgery, leaving the husband paralyzed.
William and Terrie Jo Smith filed their complaint against Dr. Jan Muizelaar and the Marshall University Board of Governors doing business as Marshall University, the Marshall University School of Medicine and Marshall Health.
According to the complaint, Muizelaar performed a L1-L2 and L2-L3 spinal fusion August 1, 2019, on William Smith. During the surgery, the plaintiffs say Muizelaar drilled into Smith’s mid-L2 vertebral body but had no medical reason to do so.
The complaint says Muizelaar, who was employed by Marshall, would have had to retract Smith’s thecal sac and cauda equina. It also says Muizelaar did not document in his operative report that he had drilled into the L2.
“William Smith had paralysis of the legs and loss of sensation immediately post-surgery at the L2 spinal level,” the complaint states.
When Muizelaar learned of Smith’s paralysis and loss of sensation, he took Smith back into surgery for suspicion of a postoperative hematoma but found none. The complaint says Muizelaar also failed to order an MRI to help explain the paralysis.
Smith remains paralyzed, and the plaintiffs claim Muizelaar was negligent and failed to follow the standard of care in performing surgery on Smith.
In addition to the paralysis and loss of sensation in his legs, Smith had sustained additional medical treatment, substantial medical bills, more daily living expenses, pain and suffering, mental anguish, embarrassment, loss of ability to enjoy life and a loss in value of his household services. His wife says she has been deprived of the loss of society, companionship and consortium.
The Smiths are represented by Tony L. O’Dell and Cheryl A. Fisher of Tiano O’Dell in Charleston and Timothy L. Eves of Eves Law Firm in Huntington. The case has been assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number 21-C-226