CHARLESTON — A man is suing the West Virginia University Board of Governors after he claims a surgeon failed to follow up and remove a metal stent.
In February 2021, Homer R. Hunter had surgery at Charleston Area Medical Center to partially remove his gallbladder and the surgeon also placed a JP drain and consulted Dr. Cheryl Cox to perform an ERCP, which is a procedure to inspect the biliary ducts and insert a stent, according to a complaint filed in Kanawha Circuit Court.
Hunter claims about a month later, the stent Cox placed moved and passed with stool and he reported this to Cox.
"Because Homer Hunter continued with some JP drainage, on March 25, 2021, Dr. Cox performed a second ERCP to place another stent in the common hepatic duct," the complaint states. "In this procedure, Dr. Cox placed a different stent made of metal."
The drain fell out on April 4, 2021, and the issue was reported to Cox's office and the surgery clinic and he was provided with an appointment on April 7, 2021, according to the suit.
Hunter claims during the appointment, Hunter was released from surgery care after the clinic determined the drain was no longer needed. No one told him that Cox had planned to remove the stent in six to eight weeks and he was not given a return appointment.
In August 2022, Hunter presented to the emergency department with shortness of breath, fever and chills and was admitted to Thomas Memorial Hospital where he was diagnosed with multiple gallstones blocking the metal stent placed by Cox, according to the suit.
"This was the first time Homer Hunter learned Dr. Cox should have removed the metal stent when his drainage stopped in 2021, and within 6-8 weeks of its placement on March 25, 2021," the complaint states.
Hunter had several surgeries to attempt to remove the stent in August and September 2022, and because the stent had become ingrown, removal could not happen without causing extensive injuries.
"Mr. Hunter requires repeat ERCP procedures at least every 5 to 6 months to remove and replace the inner stent placed inside Dr. Cox's ingrown stent for the remainder of his life," the complaint states.
Hunter claims the defendant was reckless, negligent and violated the appropriate standards of medical care by failing to implement the plan to follow along with the surgery service notes to monitor the progress of the drainage and arrange stent removal in six to eight weeks.
Hunter is seeking compensatory damages with pre- and post-judgment interest. He is represented by William M. Tiano and Cheryl A. Fisher of Tiano O'Dell PLLC in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number: 23-C-561