CHARLESTON — Neurological Associates Inc. wants a lawsuit against it alleging negligence dismissed with prejudice.
In its answer to the complaint, Neurological Associates argues that the plaintiff's injuries or damages, if any, were the result of a natural disease process, accidental injuries and/or illness and not the negligence of the defendant.
"If, as the plaintiff alleges, plaintiff suffered injuries and damages as a proximate result of negligence, such negligence was that of persons, firms or corporations other than this defendant, its agents, servants and/or employees," the answer states.
The defendant denies the allegations against it in the plaintiff's complaint.
Robert Queue Quigley filed the lawsuit in Kanawha Circuit Court against Charleston Area Medical Center, Neurological Associates and West Virginia Orthoneuro claiming injuries.
Quigley underwent surgery on Aug. 10, 2020, known as a posterior lumbar interbody fusion at L3-4 and L4-5 by Dr. James S. Harman at CAMC and the next day he complained on numbness throughout his lower extremities, weakness in his legs, weakness of dorisflexion and plantar flexion bilaterally.
On Aug. 12, 2020, Quigley had ambulation deficits; balance and bed mobility deficits; impaired functional mobility; and strength, transfer and transition deficits, according to the suit, and the cluster of symptoms should have alerted the defendants of an emergency that required immediate intervention, but the delays in treating the condition — cauda equina syndrome — resulted in permanent neurological compromise and disability.
Quigley claims he now suffers from permanent bowel, urinary and sexual dysfunction, as well as pain, mobility impairment and other injuries as a result of the defendants' negligence.
Quigley is seeking compensatory damages with pre- and post-judgment interest. He is represented by P. Gregory Haddad of Bailey Glasser in Charleston.
The defendant is represented by J. Dustin Dillard of Flaherty Sensabaugh Bonasso in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 22-C-896