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Woman sues physician for family member's death

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Thursday, November 21, 2024

Woman sues physician for family member's death

State Court
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CHARLESTON — A woman is suing a Kanawha County physician alleging he is responsible for the death of her family member.

Jackie Q. Comer reported to Charleston Area Medical Center Memorial Hospital with complaints of gallbladder pain on Aug. 31, 2019, and while there a heart catheterization was performed and he was discharged home, according to a complaint filed in Kanawha Circuit Court.

Dorothy Comer, the administratrix of the estate of Jackie Comer, claims he continued to be in pain and on Oct. 1, 2019, he went to CAMC Memorial again with gallbladder pain and an ultrasound was performed, which showed a thick-walled, stone-containing gallbladder, significant pericholecystic fluid and possible perforation.

The plaintiff claims Jackie Comer was admitted and scheduled for a cholecystectomy the following day.

On Oct. 2, 2019, Jackie Comer was taken to the operating room for the procedure by Dr. Hatem M. Hossino, according to the suit, and the procedure began laparoscopically, but Hossino converted to an open procedure.

The plaintiff claims Hossino lacerated Jackie Comer's bowel during the surgery and a drain was placed. She claims immediately after the surgery, she and the rest of their family observed that he was not improving. 

After four days, Hossino ordered a CAT scan, which indicated findings consistent with an abscess in the liver bed, where the gallbladder had been, according to the suit.

The plaintiff claims Jackie Comer's health continued to deteriorate and his stomach became distended and he was lethargic. Hossino did not take action until stool was noted coming out of his incision.

On Oct. 11, 2019, a second surgical team was consulted and that team noted a colon perforation with fecal drainage and a different surgeon performed an exploratory laparotomy with abdominal washout, extended right hemicolectomy, partial omentectomy and end ileostomy after resecting the injured bowel, according to the suit.

The plaintiff claims after the surgery, Jackie Comer remained in the hospital until his death on Nov. 3, 2019.

Dorothy Comer is seeking compensatory and punitive damages. She is represented by Tammy Bowles Raines of Tammy Bowles Raines Law Office in Charleston.

The case is assigned to Circuit Judge Kenneth Ballard.

Kanawha Circuit Court case number: 22-C-242

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