HUNTINGTON – An Ohio woman says negligent medical care led to her 13-year-old son suffering a stroke.
The mother, identified only as J.C, filed her complaint in federal court on behalf of her son B.C. against St. Mary’s Medical Center Inc., which is based in Huntington, and Dr. Kenneth A. Pearson.
According to the complaint, B.C. was admitted to the Emergency Department at St. Mary’s Medical Center in Ironton, Ohio, at 9:24 a.m. on August 8, 2023. Pearson was his attending physician. Pearson charted B.C. as “vomiting” and “dizzy” and ordered a series of viral panels that were negative. He also noted B.C. was 13 years old with a past medical history of lupus and was on daily Plaquenil.
“Patients like B.C., who have systemic lupus erythematosus, are at an increased risk for stroke relative to the general population,” the complaint states.
A few hours after arriving at the ER, B.C. demonstrated left-sided weakness and became unresponsive.
“During B.C.’s presentation to the SMMC ER, Dr. Pearson was more interested in his cell phone than he was in actually providing care and treatment to B.C.,” the complaint states. “At 1:06 p.m., nearly one hour later, Dr. Pearson ordered a STAT CT of B.C.’s head without contrast due to ‘headache, dizziness, weakness, mild confusion.’ The STAT CT of B.C.’s head without contrast did not reveal an acute process.”
The complaint says that despite B.C.’s increased risk of stroke, acute clinical presentation consistent with stroke and inconclusive findings from the CT without contrast, Pearson did not order a STAT CTA or a STAT MRI with contrast for the boy to be transferred to a higher skilled care facility.
“At no point did Dr. Pearson order that B.C. undergo a consult with any of St. Mary’s specialists, including but not limited to neurology, neurosurgery, interventional radiology, critical care, intensivist and/or a hospitalist,” the complaint states.
At 2:48 p.m., B.C.’s blood pressure was hypertensive (140/75), and Pearson discharged B.C. to home at 3:27 p.m. with his condition having “improved.”
“B.C. had to be carried out of St. Mary’s Medical Center by family members,” the complaint states. “The ‘Final Diagnostic Impression’ per Dr. Pearson was ‘Nonspecific Syndrome Suggestive of Viral Illness.’”
After B.C. was discharged, his mother contacted his primary care physician, who instructed his parents to take B.C. to King’s Daughters Medical Center in Ashland, Kentucky. He was admitted there at at 4:59 p.m. the same day with chief complaints listed as left side weakness, confusion and altered mental status.
KDMC’s ER said B.C. was “positive for dizziness, speech difficulty, weakness and headaches” and transferred him to Nationwide Children’s Hospital in Columbus, Ohio, where he was diagnosed with an acute stroke due to embolism of basilar artery.
“Healthcare providers at Nationwide Children’s Hospital estimated B.C.’s ‘last known well’ to be at 8:30 a.m. on August 8, 2023,” the complaint states. “Although B.C. was a candidate for tPA while under the care and treatment of Dr. Pearson at St. Mary’s Medical Center, Dr. Pearson did not order that B.C. receive tPA.”
B.C. then was transferred emergently to Ohio State University for surgical intervention. By then, OSU records say B.C. was not a candidate for tPA “due to outside of time window,” estimating his “last known well” was around 8 a.m. on August 8.
B.C. underwent a thrombectomy for basilar artery occlusion around 1:00 a.m. on August 9, 2023. He was transferred back to Nationwide Children’s Hospital for post-thrombectomy care.
His mother says B.C. suffered severe and permanent physical, neurological, cognitive and emotional injuries as well as physical deterioration, pain and suffering, severe emotional distress and permanent physical functional injury that permanently prevents B.C. from being able to independently care for himself and perform life sustaining activities because of the negligence of the defendants.
She accuses the defendants of medical malpractice and seeks compensatory damages, general damages, special damages, expenses for past and future medical care, punitive damages and economic damages for lost wages, lost earning capacity and lost benefits for her and B.C. She also seeks court costs, attorney fees, pre- and post-judgment interests and other relief.
She is being represented by L. Dante diTrapano, Timothy D. Houston and David H. Carriger of Calwell Luce diTrapano in Charleston.
U.S. District Court for the Southern District of West Virginia case number 3:24-cv-279
