CHARLESTON – A Fayette County man says CAMC doctors didn’t remove his ruptured appendix even though they told him they had done so.
Dallas Settle filed his complaint December 2 in Kanawha Circuit Court against Charleston Area Medical Center.
“The care Mr. Settle received from CAMC was atrocious,” attorney L. Dante diTrapano told The West Virginia Record. “They actually recorded they took out his appendix when they didn’t, and the infection in his gut continued until he was sent to the Cleveland Clinic.”
diTrapano
According to the complaint, Settle presented at Plateau Medical Center on November 1, 2020, with pain in his right mid-abdomen migrating to his right lower abdomen. A CT showed diverticulitis resulting in pneumoperitoneum. A doctor there decided Settle needed surgery, but the hospital was not staffed to handle the surgery.
Plateau contacted CAMC, and Dr. Richard Umstot Jr. agreed to accept Settle as a patient. When he arrived at CAMC General Division, Settle was evaluated by physicians Pierre Charbonniez and Brandon Wilkinson, who treated him with IV fluids and opiate analgesics.
Umstot developed a treatment plan of non-operative management, adding that if Settle’s condition worsened or the plan failed, he would require laparotomy and bowel resection and ostomy.
The next day, another trio of doctors performed an exploratory laparotomy. Drs. Oliver and Lightfoot concluded Settle was suffering from a ruptured appendicitis, so an appendectomy was performed. The following day, however, Settle’s condition was deteriorating.
On November 5, 20202, a CT revealed multiple fluid collections, distended loops of his small bowel, ileus, left renal cyst and subcentimeter mesenteric and retroperitoneal adenopathy. Four days later, more CT scans showed fluid collections in the right and left lower quadrants.
On November 10, another exploratory laparotomy was performed. Another was performed November 12 and November 14. On November 22, Settle was transferred from ICU to the floor to prepare for discharge. The next day, he was discharged.
But on November 24, he was readmitted after waking with worse pain, and infection was found in his incisions. He continued to complain of pain and of feeling distended. On November 28, Umstot told Settle his appendix still was intact.
Settle again was discharged from CAMC on December 4, 2020. After suffering from more abdominal pain, he presented to Plateau again on January 15, 2021, and ultimately was referred to Cleveland Clinic. He continues to receive medical treatment there.
Settle accuses CAMC of medical malpractice, medical negligence and vicarious liability. He says CAMC and its staff breached its duty of care by negligently and improperly treating him and failed to exercise the degree of care, skill and learning required and expected of reasonable healthcare providers.
He seeks judgment and compensatory damages for his pain and suffering and medical expenses. He also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Settle is being represented by diTrapano, Amanda Davis and Christopher Hedges of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 22-C-979
