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WEST VIRGINIA RECORD

Thursday, November 14, 2024

Woman sues CAMC for breach of standard of care

State Court

CHARLESTON — A woman is suing Charleston Area Medical Center alleging they breached the standard of care during her surgical procedure and after the procedure.

The West Virginia University Board of Governors also was named as a defendant in the suit.

Vickie Carter presented to CAMC to undergo a thoracic aortic repair on Dec. 30, 2020, to address a penetrating ulcer in her descending thoracic aorta by Dr. Albeir Mousa, according to a complaint initially filed in Mercer Circuit Court and transferred to Kanawha Circuit Court.

Carter claims Mousa did not place a spinal drain in her lumbar spine when he performed the procedure, which would remove the cerebral spinal fluid from the spine to prevent complications and protect the integrity of the central nervous system.

After the procedure, Carter became hypotensive and began to complain of nausea and epigastric pain, as well as chest and back pain, according to the suit. Less than five hours later, she lost all feeling in her legs.

Carter claims it was determined that she would need to undergo an additional surgery for the placement of a spinal drain, but the hospital had no spinal drains and, instead, forced her to spend the remainder of the night suffering until nearly 3 p.m. the following day that a spinal drain was obtained and placed.

"Despite placement of the spinal drain, Vuckie failed to regain the full use of her lower extremities and was ultimately discharged to a rehabilitation facility," the complaint states.

Mousa and the defendants breached the standard of care by failing to recognize the increased risks of spinal cord ischemia in patients like Carter and by failing to place the drain from the beginning, according to the suit.

Carter is seeking compensatory damages. She is represented by Brian J. Headley, Jason S. Ballard and Jonathan K. Matthews of Headley Ballard in Pearisburg, Va.

The case was assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 22-C-466

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