CHARLESTON – A Dunbar man says a doctor’s negligence left him with permanent injuries.
Zachary B. Fox filed his complaint May 24 in Kanawha Circuit Court against Dr. Howard W. Lafferty Jr.
According to the complaint, Fox went to Thomas Memorial Hospital on September 27, 2022, via ambulance with complaints of back pain, numbness in both legs and urinary incontinence. Lafferty examined Fox and ordered a CT scan, which showed thoracolumbar levoscoliosis with multilevel generalized disc bulges and a superimposed central profusion type disc herniation at L5-S1 resulting in very severe canal stenosis and bilateral foraminal stenosis.
Fox and his mother were told there were no neurosurgeon or MRI capabilities at Thomas Memorial, but such services were available at Charleston Area Medical Center or St. Mary’s Medical Center in Huntington.
Instead of sending Fox to either via ambulance for further care, Lafferty discharged him with instructions and information. He did refer Fox to consult a neurosurgeon.
The next morning, Fox went to CAMC’s Emergency Room. An MRI showed a large left paracentral disc extrusion L5-S1 causing severe spinal canal stenosis and cauda equina nerve compression. He later underwent surgery at CAMC.
Fox says he now suffers from a reduced/loss of bowel and bladder function and difficulty walking as wel as other permanent damages.
He says Lafferty failed to provide appropriate medical care and treatment. He says Lafferty deviated from the normal standard of care to adequately evaluate or diagnose the condition and failed to obtain prompt and necessary treatment, including emergent transfer to another facility where testing and surgical treatment could have been timely provided.
Fox says he has endured significant pain and suffering as well as permanent physical and emotional injuries. In addition to being unable to resume normal activities of his daily life, Fox says he also has incurred significant medical expenses and a loss of income now and in the future.
Fox seeks compensatory damages and other relief.
He is being represented by Robert V. Berthold Jr. and Holly G. DiCocco of Berthold Law Firm in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-452
