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Man sues CAMC, others for negligence following knee surgery

State Court
Camc

CHARLESTON — A man is suing Charleston Area Medical Center alleging the hospital was negligent in its care.

Dr. James Cox, Charleston Area Medical Center and CAMC Orthopedics Teays Valley were all named as defendants in the suit.

Joseph Ramirez underwent a right total knee arthroplasty in 2013 and following the operation, he had difficulty with his range of motion in his knee and underwent a right knee manipulation in 2016 followed by physical therapy to help restore some range of motion, according to a complaint filed in Kanawha Circuit Court.

Ramirez claims he continued to have a limited range of motion and in 2020, he underwent an arthroscopic lysis of adhesions and manipulation under anesthesia performed by Cox.

"This procedure was performed by Dr. Cox even though it had no chance of success," the complaint states. 

Cox failed to order appropriate blood work prior to the surgery and failed to perform a proper work-up prior to the surgery, according to the suit.

Ramirez claims Cox also failed to aspirate or culture the knee fluid and after the surgery he had pain, swelling and drainage. On April 10, 2020, he presented to the emergency department at Thomas Memorial and he was transferred to CAMC Teays Valley, where he was admitted for a septic joint in his right knee and started on IV antibiotics.

CAMC Teays Valley improperly discharged Ramirez on April 13, 2020, without a plan to eradicate the infection, according to the suit.

Ramirez claims throughout 2020 and 2021, he had the abscess drained and other procedures and appointments with Cox until finally, on June 28, 2021, he was seen at Cleveland Clinic and scheduled for a right knee amputation.

The defendants were negligent in their care of Ramirez and deviated from the acceptable standard of care, according to the suit.

Ramirez is seeking compensatory and punitive damages. He is represented by Mark R. Staun of Hartley Law Group and Eric J. Buckner of Katz Kantor Stonestreet & Buckner.

The case is assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number: 22-C-304

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