HUNTINGTON – A Putnam County couple claims medical negligence by Marshall Health physicians has led to the wife being unable to conceive following an ectopic pregnancy.
Hannah and Gabriel Cyrus filed their complaint in Cabell Circuit Court against the Marshall University Board of Governors.
According to the complaint, Hannah Cyrus had a positive result on a home pregnancy test on April 26, 2020. A few weeks later, she began experiencing light bleeding and lower abdominal pain and presented for care. An ultrasound revealed no intrauterine gestation, and she had a positive in-office pregnancy test. Her human chorionic gonadotropin level was 212.
Segal
Four days later, on May 11, her hCG level was 332, which the complaint says was diagnostic for an early pregnancy loss or an ectopic pregnancy. On May 14, her hCG level was 496, and she was diagnosed with a complete spontaneous abortion less than eight weeks.
On May 18, she went to Cabell Huntington Hospital with sharp abdominal pain and nausea. An ultrasound showed an ovarian cyst, but no ectopic pregnancy. She was admitted with suspected ectopic pregnancy, but no intervention was performed. Her hCG level was 727. It rose to 851 the next day.
On May 20, an ultrasound showed blood in her pelvis and a 7 cm region on her right ovary. A laparoscopy and ovarian cystectomy were performed, which showed suspicion of ectopic pregnancy. She was discharged without confirmation of such a pregnancy, according to the complaint.
On May 23, Cyrus returned to the hospital with severe abdominal pain. An ultrasound showed fluid/blood in her abdomen. Her hCG level had risen again as well. Methotrexate was given the next day, and she developed a fever and sepsis the following day. She was given methotrexate again on May 27.
On May 28, her hCG level began decreasing, and she was discharged. On June 1, she was readmitted with severe abdominal pain and anemia. An ultrasound showed “a complex collection within the bilateral adnexa concerning hemoperitoneum.”
On June 3, she was again discharged, but she says she had pain for several weeks afterward.
On February 17, 2021, Cyrus had a laparoscopy that revealed an obliterated posterior cul-de-sac. Both of her ovaries were adhered to the ovarian fossa, her omentum and descending colon were adhered to the uterus, and her fallopian tubes were densely adhered to the ovaries.
As a result of the series of events, Cyrus has been unable to conceive with ovulation induction agents and timed intercourse.
The plaintiffs accuse the defendants of negligence, specifically Dr. Lisa Burke and Dr. Kelly Cummings.
“Burke and Cummings rendered substandard or otherwise negligent care to Mrs. Cyrus,” the complaint states, adding both doctors failed to properly and timely diagnose Cyrus’ ectopic pregnancy and failed to timely begin methotrexate therapy.
The couple says they have suffered economic and non-economic damages, including pain, suffering, emotional distress, scarring, medical expenses, treatments and surgeries.
They seek compensatory damages for medical and hospital bills, physical injuries, psychological injuries, emotional distress, mental pain and suffering, fear, humiliation, embarrassment, annoyance, inconvenience, loss of physical health and well-being, loss of enjoyment of life, loss of income and/or earning capacity, loss of value of employment benefits including pension/retirement benefits, disability, loss of homemaker services and lost consortium. They also seek attorney fees, court costs and other relief.
The Cyrus’ are being represented by Scott Segal and C. Edward Amos II of The Segal Law Firm in Charleston. The case has been assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number 22-C-113