CHARLESTON – A Wyoming County woman says insufficient medical care left her in a wheelchair for the rest of her life.
Kristen Lynn O’Neal filed her complaint June 23 in Raleigh Circuit Court against Dr. Luis Puchi, Raleigh General Hospital and Certified Physician’s Assistant Jacki Shorter.
“The collaboration of substandard treatment by RGH, Dr. Puchi, and PA Shorter put Kristen O’Neal in a wheelchair for the rest of her life,” attorney L. Dante diTrapano told The West Virginia Record. “The level of medical care she received was pathetic.”
According to the complaint, O’Neal underwent a cholecystectomy on May 24, 2021. It says the surgical procedure has a known risk of causing the spread of bacteria to other internal sites.
On June 21, 2021, she went to her primary care providers with complaints of unusual back pain and bilateral pain radiating to her hips. She was told to get an x-ray of her lumbar spine to rule out infection or spinal cord compression.
Later that day, she was taken to Welch Community Hospital for imaging. She was diagnosed with a urinary tract infection, lumbar radiculaopathy and sciatica. She was prescribed medicines and discharged.
Three days later, O’Neal she went back to the hospital with low back pain and was told to go to her primary care physician to get an orthopedic referral.
On June 26, 2021, she saw Shorter at Family Healthcare Associates with continued back pain symptoms. Records show she was supposed to be referred to WV Neurological Associates in Charleston for injections, but the complaint says that referral never was made.
On July 4, 2021, O’Neal went to Raleigh General’s ER with pain in her low back, mid back and chest. Puchi, the doctor there, did not mention an incident in his documentation where O’Neal had to go to her knees to avoid falling from back pain and leg weakness. Acute coronary syndrome was ruled out, and she was discharged the next day with a muscle relaxer.
On July 6, 2021, she went back to the ER and was transferred to WVU Ruby Memorial Hospital in Morgantown where she was diagnosed with an infection in her thoracic spine. Despite surgery for the infection, O’Neal suffered permanent neurological deficits from the delay in diagnosis and treatment that caused her to be permanently injured.
O’Neal accuses each of the defendants of medical negligence. She seeks compensatory damages for medical expenses, physical pain and suffering, loss of earnings, loss of consortium, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by diTrapano and David Carriger of Calwell Luce diTrapano in Charleston and by Richard D. Lindsay II and Dr. Richard D. Lindsay of Tabor Lindsay & Associates in Charleston.
Raleigh Circuit Court case number 23-C-214
