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WEST VIRGINIA RECORD

Friday, March 29, 2024

Late attorney's wife files medical malpractice suit over his death

Attorneys & Judges
Rogerdecanio

Roger Decanio (left) with his three children. | Courtesy photo

CHARLESTON – The wife of a respected Charleston attorney has filed a wrongful death lawsuit, alleging a doctor was negligent in caring for him before he suffered a fatal heart attack earlier this year.

Heather Galloway, as administratrix of the estate of Roger Decanio, filed her complaint August 12 in Kanawha Circuit Court against Dr. Dina Criniti and Spring Hill Primary Care Physicians. Decanio died earlier this year. Criniti is a osteopath and internist.

“Roger had every possible symptom indicating that he needed a referral to a cardiologist and his primary care doctor simply ignored all the warning signs,” attorney L. Dante diTrapano told The West Virginia Record. “He died before his time, leaving behind a wife and three children.


diTrapano

“We look forward to representing his estate and providing his family closure and the income they would have had but for Spring Hill Physicians and Dr. Criniti’s medical malpractice.”

Decanio was born in Venezuela and moved to Charleston as a child. His father was a pathologist. He “built a reputation has a brilliant lawyer who was well regarded for his tireless work on behalf of his clients and his polite, professional demeanor toward lawyers and judges throughout West Virginia,” according to the complaint.

On March 19, Decanio had a massive heart attack after he and Heather had spent the day working in the yard of their new home. He was 51 at the time of his death.

“Despite his young age, Roger Decanio’s medical history was filled with indicators that he was at risk of a cardiac event,” the complaint states.

Decanio first went to Spring Hill Primary Care in May 2016. He reported a paternal family history of coronary artery disease and hypertension as well as a maternal history of deep vein thrombosis and coronary artery disease.

“The lab results on that visit revealed high glucose, high AST, high ALT, high Lymphs, high total cholesterol, high triglycerides, low HDL cholesterol, high LCL cholesterol,” the complaint states.

He also was diagnosed with a fatty liver and obstructive sleep apnea hypopnea syndrome. Most of these conditions continued with Decanio until his death.

Two years later, he was treated at Spring Hill Primary Care after he hurt his back in a fall down some steps.

In early 2021, Decanio went to Thomas Memorial Hospital and was diagnosed with COVID-19 with symptoms of chest discomfort, chest pain and dyspnea on exertion. He was to follow up with Criniti and cardiologist Kishore K. Challa in two weeks.

At his follow-up appointment, Decanio still suffered from fatigue. His next two appointment with Criniti and Challa were canceled.

At his annual exam in April 2021, Criniti diagnosed Decanio with sleep apnea and fatty liver. The lab results on this date were abnormal with high glucose, high potassium and high LDL. Dr. Criniti issued a Cologuard test.

Still, Decanio’s blood pressure continued to increase. On February 16, Criniti also increased Decanio’s prescription of Lisinopril from 10 mg to 20 mg.

A month later, Decanio had his heart attack at home. His wife immediately initiated CPR, and paramedics arrived within 3-4 minutes and took over treatment. He died 10 days later at Charleston Area Medical Center.

Galloway says she continues to have flashbacks seeing Decanio’s face as he collapsed before her.

“She desperately misses her husband and grieves for the life they were building,” the complaint states. “Decanio suffered undue pain and suffering, and ultimately his death.”

Galloway accuses the defendants of medical malpractice and medical negligence. She alleges, among other things, that Criniti should have ordered tests – including an EKG – following Decanio’s recovery from COVID, should have reviewed records from Thomas Memorial Hospital and should have referred Decanio to a cardiologist. Galloway also says she has suffered from loss of consortium, services, society, guidance and companionship as well as Decanio’s financial support and earning capacity.

She seeks joint and several compensatory damages for medical expenses, physical pain and suffering, mental pain and suffering, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life. She also seeks punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.

Galloway is being represented by diTrapano, Amanda J. Davis and David H. Carriger of Calwell Luce diTrapano in Charleston and by Richard D. Lindsay of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Duke Bloom.

Kanawha Circuit Court case number 22-C-662

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