CHARLESTON – A Massachusetts woman says an orthopedic surgeon botched a procedure on her hand, permanently injuring her and forcing her into early retirement.
Donna and Michael Childers filed their complaint in Kanawha Circuit Court against Dr. Bruce F. Haupt and Thomas Health System Inc. Another defendant, Orthoclinic PC Inc., originally was named in the complaint, but it later was dismissed.
According to the complaint, Donna and Michael Childers lived in Charleston but have since moved to Cape Cod. Donna Childers had a history of pain in her left dominant wrist, but she still worked as Head Physical Therapist at Thomas Memorial Hospital in South Charleston and still engaged in activities such as tennis, golf, snow skiing and volleyball.
She says she sought treatment as the pain increased over time. Haupt examined her and recommended a left distal ulnar bone resection surgery, also known as a Darrach procedure. He performed the surgery August 29, 2019.
As soon as she awakened from surgery, Childers says she experienced severe pain in her left hand and wrist. She says she couldn’t extend her fourth and fifth fingers. The pain and inability to extend those fingers kept her from returning to work.
Haupt ordered an MRI of her wrist. It showed the extensor tendons of those two fingers were ruptured. He referred Childers to Dr. Steven Novotny, a hand surgeon specialist.
Novotny told her Haupt had severed multiple extensor tendons during the surgery and advised her that she needed “extensive and complex revision reconstructive surgery.”
Novotny performed his follow-up surgery, but Childers developed an infection that required her to stay in the hospital for five days.
She says she has suffered permanent and painful loss of function of her dominant left wrist and hand as a result of Haupt’s multiple deviations from the accepted standard of care.
Childers says Haupt’s medical records also include several inaccuracies.
“As a result of the physical limitations and loss of function, Ms. Childers was not only forced into early retirement, she has also lost her quality of and ability to enjoy life as she is now unable to engage in her hobbies,” the complaint states.
Childers says she has suffered physical pain and suffering, mental anguish and suffering, annoyance, inconvenience, emotional distress, psychological damages, loss of capacity to enjoy life, medical expenses, lost wages, loss of future earning capacity, permanent scarring and physical impairment. She accuses the defendants of medical professional negligence, and her husband sues for loss of consortium.
They seek compensatory damages, punitive damages, court costs, attorney fees, pre- and post-judgment interest and other relief.
Thomas and Haupt both have filed motions to dismiss claiming the plaintiffs didn’t give them the required 30 days to respond to a Notice of Claim and Screening Certificate of Merit under the pre-suit requirements of the West Virginia Medical Professional Liability Act. Haupt also denies the allegations in his motion to dismiss.
The plaintiffs are being represented by J. Ryan Stewart of Bailey Javins & Carter in Charleston. Thomas is being represented by Robby J. Aliff and John Mark Huff of Jackson Kelly’s Charleston office, and Haupt is represented by J. Dustin Dillard of Flaherty Sensabaugh & Bonasso in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 21-C-960