CHARLESTON – The estate of a Charleston woman says inadequate care by CAMC staff led to her death.
Nancy Kinder, as administrator of the estate of Jessica Beall, filed her complaint June 26 in Kanawha Circuit Court against Charleston Area Medical Center Inc. Kinder is Beall’s mother.
Beall died from septic shock on December 2, 2022, at the age of 32. She had went to CAMC’s Emergency Room four times in the month of November.
“This is yet another example of deplorable medical care at CAMC’s Emergency Room,” attorney L. Dante diTrapano told The West Virginia Record. “It flies in the face of all reason that trained medical professionals continue to miss obvious signs of sepsis.
This young lady just needed basic medical care, and that was denied.”
According to the complaint, Beall went to CAMC’s ER on November 30, 2022, with complaints related to personal injuries (neck and back pain) she sustained from an assault earlier in the month.
Beall was seen by PA-C Joseph Lawrence Wonsettler at 1:52 a.m. She complained of cough, chills, fever, body aches, chest pain, diarrhea, nausea and vomiting. Her respiratory rate was 20 and “labored,” according to medical records.
Lab work showed an elevated D-dimer level and abnormal lymphocytes, and her ECG results were abnormal. A chest scan revealed “some ground-glass opacities,” and a viral respiratory panel was ordered. It showed Beall was positive for influenza A.
The complaint says Wonsettler failed to order a pneumonia panel or a blood culture.
Beall was discharged at 7:58 a.m., but she returned at 6:22 p.m. the same day. This time, she was seen by Dr. Jeffrey Michael Mullen. Beall reported her pain level at nine out of 10. Her temperature was low, her heart rate was high and her respiratory rate was high. She presented with diastolic hypotension.
“Based on Ms. Beall’s clinical presentation, abnormal vitals and documented infection, Dr. Mullen should have diagnosed Ms. Beall with sepsis and admitted her for treatment,” the complaint states. “He did not.”
It also says Mullen did not order lab work, diagnostic imaging, a pneumonia panel, a blood culture or admission for further observation, workup or treatment.
Beall was diagnosed with pleurisy and bronchitis with influenza A and discharged again at 7:40 p.m.
On December 1, 2022, the Charleston Fire Department responded to a call from Beall’s residence. Her heart rate was 132, her respiratory rate was 36, and her oxygen saturation was 83. Her breathing was described as “labored.” She was transported to CAMC in respiratory distress.
“Patient and shelter staff states she began having this episode approx. 30 minutes to an hour prior to calling 911,” the complaint states. “Patient had been seen 2x prior that day for (shortness of breath).”
At CAMC, Beall was diagnosed with acute hypoxemic respiratory failure, septic shock, influenza A and methicillin susceptible staphylococcus aureus pneumonia.
“After a complex hospital course, Ms. Beall died at 7:49 a.m. on December 2, 2022, from septic shock at the age of 32,” the complaint states. “Her parents were at her bedside.”
The estate accuses CAMC of negligence in violation of the West Virginia Medical Professional Liability Act.
It seeks compensatory damages, general damages, special damages for medical care and treatment expenses, pain and suffering, sorrow, mental anguish, loss of consortium, severe emotional distress, lost wages, lost earning capacity, funeral and burial expenses as well as punitive damages, court costs, attorney fees, pre- and post-judgment interests and other relief.
The estate is being represented by diTrapano, Timothy D. Houston and David H. Carriger of Calwell Luce diTrapano in Charleston and by Michael J. Del Guidice of Ciccarello Del Guidice & La Fon in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 24-C-723
