CHARLESTON – A woman says her 49-year-old mother died because of negligent medical care at a Wheeling weight loss clinic.
Darian David, as personal representative of the estate of Christan A. Gist, filed her complaint November 28 in Kanawha Circuit Court against Transformations Inc. doing business as Transformations Weight Loss & Skin Clinic.
Transformations is based in Kanawha County and has other offices in Cabell, Raleigh, Wood, Harrison and Ohio counties.
diTrapano
“The conduct of the defendant company is outrageous to put it mildly,” attorney L. Dante diTrapano told The West Virginia Record. “Ms. Gist was prescribed dangerous drugs with potentially fatal side effects without the benefit of talking to or seeing a doctor.
“She died at 49 years old. This tragedy was easily avoidable.”
According to the complaint, Gist sought treatment at Transformations’ Wheeling clinic on December 15, 2021. The filing says there is no report in the records to show Gist was examined by a physician or any other medical provider during the visit.
“It appears that Ms. Gist simply completed a checklist wherein she self-reported certain aspects of her medical history and requested medical treatment for weight loss,” the complaint states. “Even though Ms. Gist apparently was not examined by a physician (or any other medical provider), Ms. Gist was prescribed Phentermine (37.5 mg).
“The name of the prescribing physician on the prescription order is illegible, and there is no indication in the medical records as to the identity of any prescribing physician.”
The complaint says Gist also was prescribed Furosemide (40 mg), but there is no written prescription in the medical records. The prescriptions were filled in house by the defendant.
Phentermine is sold under the brand names Adipex-P and Lomaira. Furosemide is more commonly known as Lasix, a strong diuretic.
The complaint says taking these medications can increase the risk of side effects, such as pulmonary embolism, and should not be prescribed without a thorough physical evaluation and complete medical history obtained by a physician or other medical provider who also explains the risk to the patient.
On December 31, 2021, Gist reported to the emergency department of St. Clair Hospital. It was determined she had a massive pulmonary embolism. She went into arrest and died that day.
The plaintiff accuses the defendant of medical negligence, vicarious liability and direct liability. She seeks general damages for sorrow, mental anguish, loss of solace, companionship, comfort, guidance, kindly offices and advice, loss of income, services, protection, care and assistance as well as expenses related to her death. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
David is being represented by L. Dante diTrapano and David. H. Carriger of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 23-C-1044
