CHARLESTON – A woman says an incorrect diagnosis of an ectopic pregnancy led to CAMC doctors administering a chemical abortion drug that destroyed her fetus.
If the doctors had compared ultrasounds that had been taken, the woman who already was the mother of two young boys says they would have realized she was having a normal pregnancy. And when the doctors realized “this terrible mistake,” the complaint says the woman was sent home to pass the dying fetus alone at home after being told “she could no longer receive further medical care … because of West Virginia’s existing abortion laws.”
Delicia K. Bannister filed her complaint March 28 in Kanawha Circuit Court against Charleston Area Medical Center Inc. and the West Virginia University Board of Governors.
diTrapano
“Delecia Bannister put her trust in the doctors at CAMC,” attorney L. Dante diTrapano told The West Virginia Record. “Unfortunately, those doctors betrayed her trust multiple times. They gave Ms. Bannister an abortion drug when she had a normal healthy pregnancy.
“Then, after her doctors realized their terrible mistake, CAMC washed its hands of the whole situation and kicked her out of the hospital to pass her dying fetus at home. CAMC’s reckless disregard for the life, health, and welfare of our client was an abomination. We look forward to litigating this case.”
According to the complaint, Bannister presented to the emergency department at CAMC’s Women and Children’s Hospital as newly pregnant with abdominal and pelvic pain on July 18, 2023. She received a transvaginal ultrasound that showed a gestational sac in her uterus but also revealed a mass that was reported as suggestive of an ectopic pregnancy, which occurs when a fertilized egg implants outside of the uterus, usually in a fallopian tube.
Bannister had a laparoscopy with planned excision of the reported ectopic pregnancy by four doctors – Paul Deitz, Heather Uselman, Jessica Allen and Allison McClure – with consultation from Dr. Francis Scott Hunter.
But Bannister had received a transvaginal ultrasound on November 2, 2021, that showed a fibroid that was causing her pelvic pain.
“The results of this ultrasound were maintained as part of plaintiff’s medical record at CAMC and thereafter would be readily available for review by any of plaintiff’s medical providers at CAMC,” the complaint states. “At no time prior to plaintiff’s laparoscopy (on July 18, 2023) did any of her medical providers review the results of her previous TV US from November 2021, which reported plaintiff’s left adnexal mass as a broad ligament fibroid.
“Had plaintiff’s previous ultrasound been reviewed, it would have clearly excluded the diagnosis of an ectopic pregnancy. Had plaintiff’s previous ultrasound been reviewed, it would have indicated that Ms. Bannister simply had an early intrauterine pregnancy and surgery was unnecessary.”
During the procedure, the doctors decided not to remove the mass because of its unusual location and concern for excessive bleeding and possible injury. But, the doctors still believed the mass was an ectopic pregnancy.
The next morning, doctors advised Bannister she should be treated non-surgically with methotrexate, a chemotherapy drug that can be used to chemically abort ectopic pregnancies.
She was given the first dose on July 19. She was given a second dose on July 21. She was given another transvaginal ultrasound on July 22, and doctors continued to refer to the fibroid mass as a “possible ectopic area” despite the results revealing an intrauterine gestational sac and a healthy yolk sac.
The doctors also discontinued the methotrexate because of the intrauterine changes noted on the last ultrasound and the fact that Bannister’s HGC continued to rise despite the methotrexate, according to the complaint.
On July 24, one of the doctors finally reviewed Bannister’s 2021 ultrasound and realized she never had an ectopic pregnancy.
“Plaintiff was advised that the previous administration of methotrexate to her had likely irreparably harmed Baby Bannister,” the complaint states. “Plaintiff was discharged (on July 25) with the expectation that Baby Bannister would eventually die inside her uterus due to the aforementioned actions of her medical providers at CAMC.”
She miscarried the fetus on August 28.
Bannister accuses the defendants of medical negligence and vicarious liability. She seeks compensatory damages for past medical expenses, physical pain and suffering, mental pain and suffering, annoyance, embarrassment, humiliation, inconvenience and loss of enjoyment of life as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
She is being represented by 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 24-C-293
