HUNTINGTON — A couple is suing Marshall University Board of Governors alleging it deviated from the applicable standard of care after a surgical procedure.
Dale Petry presented to Cabell Huntington Hospital for a total right arthroplasty on Nov. 13, 2020, and it was performed by Dr. Felix H. Cheung, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
After the procedure, Petry went to physical therapy approximately three times per week, but on Dec. 21, 2020, he informed his physical therapist that the incision below his knee broke open and leaked fluid, according to the suit.
Petry claims two days later, he was limping badly and could barely walk when he presented to physical therapy and the physical therapist called Cheung's office.
Petry claims he was unable to bear weight on his knee when he went on Dec. 29, 2020, and he was sent to the emergency room for a doppler ultrasound study.
On Jan. 10, 2021, Petry was diagnosed with MRSA infection and he was told he needed to have his leg amputated at the knee joint to regain function with the use of a prosthesis, according to the suit.
Petry claims the defendant failed to follow the accepted standard of care in December 2020 and January 2021, depriving him of a chance of recovery.
As a result of the deviation from the applicable standard of care, Petry incurred in excess of $1.2 million in medical expenses and he will incur more medical expenses, according to the suit.
Petry claims his wife, Sonya Petry, suffered a loss of consortium and will continue to suffer a loss of consortium in the future.
The Petrys are seeking compensatory damages. They are represented by Ben Salango of Salango Law in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 3:22-cv-00337