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Lincoln County man says he wasn't diagnosed for medical issue in a timely manner

WEST VIRGINIA RECORD

Tuesday, December 3, 2024

Lincoln County man says he wasn't diagnosed for medical issue in a timely manner

State Court
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WINFIELD – A Lincoln County man says improper diagnoses by medical personnel led to serious injuries.

Delbert Eplin filed his complaint December 14 in Putnam Circuit Court against Dr. Jessica D. Carmichael, PA-C Noah J. Carroll, Dr. Nicole Grant, PA-C Charles McKinney, Dr. Terry G. Sanders and USACS Medical Group.

According to the complaint, Eplin went to the Huntington Med Express location December 11, 2021, for left shoulder pain radiating up the side of his neck. He was diagnosed with an unspecified sprain and prescribed various medications. 

The following day, he went to the Emergency Department of St. Mary’s Medical Center via EMA for the pain. He was examined by Carroll under the care of Carmichael. An x-ray showed chronic arthritic changes and degenerative joint disease, and he was given a Toradol injection. He was diagnosed with “acute on chronic” shoulder and neck pain and discharged with various prescriptions. Grant co-signed his orders and discharge notes.

Eplin went to St. Mary’s ER again on December 21, 2021, with upper back pain. He was examined by McKinney under the care of Sanders. He was discharged with additional prescriptions and told to contact his primary care physician regarding an MRI if the pain continued.

Two days later, he went to the Emergency Department of Cabell Huntington Hospital via EMS for pain from his neck to his lower back and down to his knee. He was given an MRI, which showed an extensive epidural mass caused by either an abscess, hematoma or both from his cervical to lumbar spine causing severe canal stenosis. It required him to undergo a complete hemilaminectomy, which is a decompression surgery to enlarge space in the spinal canal that involves removing part of the vertebra’s lamina, which is a bony segment that forms on the rear of the vertebral arch.

Eplin says he suffered serious and permanent neurological deficits because the condition was not properly diagnosed and discovered in a timely manner.

He accuses the individual defendants of professional negligence and USACS of medical negligence. He seeks compensatory damages for medical expenses, physical pain and suffering, loss of earnings, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life. He also seeks punitive damages, pre- and post-judgment interests, attorney fees, court costs and other relief.

Eplin 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 Phillip Stowers.

Putnam Circuit Court case number 23-C-184

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