HUNTINGTON — A man alleges Cabell Huntington Hospital violated the West Virginia Medical Professional Liability Act when its employees removed his kidney.
Cabell Huntington Hospital, St. Mary's HIMG and Marshall University Board of Governors were all named as defendants in the suit.
James M. Brister underwent a rental biopsy at Cabell on Nov. 11, 2019, and the biopsy was subsequently interpreted, reported and reviewed by the defendants, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
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On Dec. 13, 2019, Dr. Charles Woolums surgically removed Brister's left kidney despite it being non-cancerous, which deviated from the reasonable and accepted standards of care.
"Defendant ... negligently interpreted, reported, and reviewed Plaintiff’s pathology from his renal biopsy, and were otherwise negligent in their care of the Plaintiff, and Defendant CHH is vicariously liable for such negligent conduct," the complaint states.
As a result of the defendant's deviations from the standard of care, the plaintiff's non-cancerous kidney was surgically removed and he suffered a catastrophic and permanent injury, according to the suit.
Brister is seeking compensatory and punitive damages. He is represented by L. Dante DiTrapano, David H. Carriger and Amanda J. Davis of Calwell Luce DiTrapano; and Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates.
U.S. District Court for the Southern District of West Virginia case number: 3:22-cv-00130