HUNTINGTON – An Ohio man says doctors erroneously diagnosed him with cancer, leading to the removal of a healthy kidney.
James M. Brister of Proctorville filed his complaint March 10 in federal court against Cabell Huntington Hospital, St. Mary’s HIMG and the Marshall University Board of Governors.
“The combined medical negligence of these hospitals in the care of Mr. Brister is incomprehensible,” L. Dante diTrapano, one of the attorneys representing the plaintiff, told The West Virginia Record. “In short, he was told he had renal cancer and needed his left kidney removed when he actually didn’t have cancer. They took a good kidney out.”
diTrapano
According to his complaint, Brister had a renal biopsy at Cabell Huntington on November 11, 2019. The pathology was interpreted, reported and reviewed by a host of doctors, including Charles Woolums, Kirsta Denning, Alysia Brown and Niru Nahar.
On December 13, 2019, Woolums removed Brister’s left kidney despite it being non-cancerous.
Brister accuses the defendants of medical negligence. He seeks compensatory damages for medical expenses, pain and suffering, loss of earnings, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life. He also seeks punitive damages as well as pre- and post-judgment interests, court costs, attorney fees and other relief.
He is being represented by diTrapano, David Carriger and Amanda Davis of Calwell Luce diTrapano in Charleston as well as by Richard D. Lindsay II and Dr. Richard D. Linsday of Tabor Lindsay & Associates in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:22-cv-00130
