CHARLESTON – A Jackson County woman blames a CAMC physician for permanently scarring her daughter.
CaSandra Winter, as the mother of Kensley A. Winter, filed her complaint February 25 in Kanawha Circuit Court against Charleston Area Medical Cnter and Dr. Mae Hyre.
According to the complaint, Kensley Winter was a patient at Dermatology Associates and Surgery Center. She was seen on October 6, 2019, for a neoplasm of uncertain behavior. A physician’s assistant did a punch biopsy, and she was to return in 14 days for suture removal. The pathology report showed a spitz nevus, which is a rare, non-cancerous skin growth.
William Tiano
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The girl was seen again later in the month, and a physician’s assistant recommended a punch excision of the growth. On December 19, 2019, she had another punch biopsy performed by the physician’s assistant, and a referral was made to Hyre at CAMC for removal of two spitz nevi on January 3, 2020
That procedure included 32 staples and 13 stitches in her head. A short time later, she was taken back to CAMC for surgical wounds that were not healing as well as for hair loss.
Later, the girl was taken to Nationwide Children’ Hospital in Columbus, Ohio, for evaluation because the wound became larger and for alopecia, which the complaint says was secondary to an ongoing inflammatory response associated with the technique and method of closure.
The complaint says Hyre deviated from the standard of care by failing to obtain proper informed consent including explanation of the planned closure technique and the potential for substantial permanent scarring and alopecia and alternative options for treatment including referral for plastic surgery and by performing wide local excision of the lesions for non-cancerous lesions resulting in significant tension on the wounds.
As a result of Hyre’s alleged deviations, the complaint says the girl has undergone numerous surgical procedures, suffered alopecia, suffered a permanent and substantial physical deformity and scarring and has incurred medical expenses, pain and suffering, impairment of the capacity to enjoy life, annoyance, aggravation, mental anguish and will suffer a loss of earning capacity.
CaSandra Winter seeks joint and several compensatory damages as well as punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief.
The plaintiffs are being represented by William Tiano of Tiano O’Dell in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 22-C-146
