CHARLESTON – The estate of a Charleston man says he died as a result of negligent medical care received at CAMC.
Lindsey Lutsie, administratrix of the estate of Taylor Ray Anderson, filed her complaint January 9 in Kanawha Circuit Court against Charleston Area Medical Center and Dr. Jonathan Christopher Neuman.
“CAMC failed immensely in treating this young man who presented with overt signs and symptoms of sepsis and died unnecessarily,” attorney L. Dante diTrapano told The West Virginia Record.
diTrapano
According to the complaint, Anderson went to CAMC’s General Hospital Emergency Department on February 12, 2021. He said he had had a fever of 105 degrees a few days earlier and reported nausea, vomiting and an “aching sharp” headache. His medical history also indicated a history of IV drug use with a recent relapse.
Lab testing indicated he had an elevated white blood cell count, and his temperature at CAMC was 97.5 degrees. He received IV hydration and nausea control.
But the complaint says Neuman failed to order any diagnostic imaging studies such as a chest X-ray or CT. Neuman discharged Anderson without any documented discussion regarding a potential diagnosis or potential complications.
Two days later, Anderson was transferred by ambulance and readmitted to CAMC General Hospital with altered mental status. He required endotracheal intubation. He was admitted to ICU suffering from severe sepsis with distributive shock and thrombocytopenia.
That evening, Anderson died from a hemorrhagic cerebral infarction.
The estate accuses both CAMC and Neuman of negligence in violation of the West Virginia Medical Professional Liability Act.
It says the defendants breached the applicable standards of care by failing to consider Anderson’s high risk for meningitis, endocarditis and stroke given his reported condition and history of IV drug use; by failing to obtain additional blood work and diagnostic studies; by failing to affirmatively recommend Anderson remain in the hospital; by failing to discuss the risks of discharge on February 12, 2021; and by discharging him that day.
The estate seeks compensatory, general and special damages for expenses for Anderson’s medical care and treatment, pain and suffering, sorrow, mental anguish, severe emotional distress, injuries suffered before his death, funeral and burial expenses, sorrow, mental anguish and solace. It also seeks punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief.
The estate is being represented by L. Dante diTrapano and Timothy D. Houston of Calwell Luce diTrapano in Charleston and by Richard D. Lindsay II and Dr. Richard D. Lindsay of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-13
