CHARLESTON – A Raleigh County woman says she was permanently disfigured following an unauthorized breast reconstruction surgery.
Paula Blevins filed her complaint in Kanawha Circuit Court against Dr. John D. Hayes and Charleston Area Medical Center. Both defendants deny the allegations.
According to the complaint, Blevins was diagnosed with cancer in her left breast in the fall of 2019. She opted to have a double mastectomy. In December 2019, she met with Hayes to discuss the reconstruction portion of her pending surgery.
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During that meeting, Blevins says Hayes documented that reconstruction was discussed, particularly reconstructive surgery through the use of tissue expanders.
The complaint says Hayes’ records indicate that. It says she signed an informed consent form that noted the operation was “breast reconstruction with tissue expander and possible allograft.” The form also said Blevins was to have “bilateral breast reconstruction with placement of tissue expanders and acellular dermal matrix.”
It also says CAMC’s procedure scheduling order form also said “breast recon w/placement Space T E and ADM.” In addition, Hayes got pre-authorization from Blevins’ insurance carrier, which noted the authorization for breast reconstruction with the use of tissue expanders. Her history and physical form, which was signed by Hayes, also said that.
“Dr. Hayes’ records contain no documentation showing that any other type of surgical reconstructive procedure was consented to by Ms. Blevins other than reconstructive surgery using tissue expanders,” the complaint states.
Blevins had the surgery on December 18, 2019. Dr. Todd Witsberger performed the bilateral mastectomy portion of the procedure with left axillary lymph node dissection. Then, Hayes took over.
“Instead of performing reconstructive surgery through the use of tissue expanders which was the only type of procedure that Ms. Blevins had consented to, Dr. Hayes unilaterally elected to perform direct bilateral breast reconstruction using direct pre-pectoral implants,” the complaint states. “He then unilaterally chose to implant 800 cc implants and perform an excisional debridement of skin and subcutaneous tissue bilaterally, neither of which had been consented to by Ms. Blevins.”
Following the surgery, Blevins says her right breast began to show signs of ecchymosis along the inferior edges of the mastectomy flaps. It says Hayes’ records noted a concern for ischemia.
When she was discharged from CAMC, Blevins says her right breast was evidencing dusky skin without capillary refill. She returned to Hayes’ office on December 26, 2019, and he said she needed to have the implants removed immediately. That surgery took place four days later.
“As a result of that surgical procedure, Paula Blevins is no longer a candidate for breast reconstruction and is permanently disfigured,” the complaint states, adding that Hayes “did not have any consent let alone an informed consent to perform the operative procedure that he unilaterally elected to undertake.”
Blevins says if a surgical resident took part in the procedure, the assistant would have done so under Hayes’ supervision and, thus, Hayes would have aided and abetted the resident.
“Such action by performing a medical procedure without any consent let alone an informed consent is an egregious violation of the standard of care,” the complaint states. “If Dr. Hayes had complied with the applicable standard of care and/or if tissue expanders had been used, then Paula Blevins would have had a greater than 25 percent chance or opportunity of an improved outcome including avoiding the massive tissue loss that she suffered and the subsequent permanent disfigurement she now lives with.
In their separate answers, both defendants deny the allegations and seek to have the case dismissed. Hayes says his pre-surgical consult with Blevins included, but was not limited to discussion of reconstructive breast surgery.
“The medical records of Paula Blevins referenced and/or quoted therein are written documents which speak for themselves and, therefore, no response is necessary from this defendant,” Hayes’ answer states. “John D. Hayes, M.D., does, however, deny that the medical records document the entirety of the conservation he had with the plaintiff regarding the potential scope of the subject procedure.”
Blevins seeks compensatory and punitive damages for her injuries as well as any other relief. She is being represented by Arden J. Curry II of Pauley Curry in Charleston. The defendants are being represented by Rita Massie Biser and Lynette Simon Marshall of Moore & Biser in South Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 21-C-1137