CHARLESTON – A Kanawha County woman blames an osteopathic surgeon for worse and lingering injuries following knee replacement surgery.
Kelly Patrick filed her complaint August 27 in Kanawha Circuit Court against Dr. Freddie Persinger, Thomas Memorial Hospital and the West Virginia University Board of Governors.
Persinger is an osteopathic physician who was employed by Thomas Memorial and the WVUBOG.
diTrapano
According to the complaint, Persinger performed a total right knee arthroplasty on Patrick on May 23, 2022, at Thomas Memorial in South Charleston.
Arthroplasty is a surgery to restore the function of a joint. A joint can be restored by resurfacing the bones, and an artificial joint or prosthesis also may be used. Osteoarthritis, a common degenerative joint disease, is the most common reason for arthroplasty. It causes a loss of the cartilage or cushion in a joint. The most common types of arthroplasties are hip and knee joint replacements.
Following her surgery, Patrick went to all follow-up visits and physical therapy appointments, but she says her knee did not heal properly and remained unstable, swollen and stiff.
The physical therapist expressed concerns about Patrick’s knee in progress reports sent to Persinger, according to the complaint. Persinger then ordered an x-ray and bone scan. After those procedures, Persinger told Patrick “everything looked good.”
When the issues persisted, Persinger suggested a manual manipulation of the knee. But she says that did not provide relief, and she continued to experience instability, swelling, stiffness and severe pain for several months following surgery. Still, Persinger only told Patrick to continue physical therapy and return in one year.
In October 2023, Patrick consulted with Dr. Matthew Bullock at Marshall Orthopedics for a second opinion. Bullock said the implant used in Patrick’s surgery was improperly positioned and appeared to have large overhang on both sides. He recommended another surgery to address the problems. A third opinion from a doctor in Chillicothe, Ohio, agreed with Bullock’s observations but advised against another surgery because of the high risk of broken bones around the knee related to another surgery.
Patrick says her knee has continued to deteriorate, and she says she now experiences more pain, stiffness and impairment of movement that she did before Persinger performed the surgery.
She says the defendants deviated from the standard of care, causing substantial physical and emotional harm.
Patrick accuses the defendants of medical malpractice, and she accuses Thomas Memorial and the WVU BOG of vicarious liability.
She seeks compensatory damages for medical expenses, loss of income and earning capacity, physical pain and suffering, mental pain and suffering, annoyance, inconvenience, embarrassment, humiliation and loss of enjoyment of life. She also seeks punitive damages, general damages, special damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Patrick is being represented by L. Dante diTrapano, Charles F. Bellomy and Timothy D. Houston 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 David J. Hardy.
Kanawha Circuit Court case number 24-C-918
