CHARLESTON – A Fayette County man has filed a medical malpractice suit against CAMC after he claims he was injured during a procedure that led to further medical issues and hospital stays.
John Gray filed his complaint April 9 in Kanawha Circuit Court against Charleston Area Medical Center. His wife Brittany Gray also is listed as a plaintiff.
“The care Mr. Gray received at CAMC was a disaster,” attorney L. Dante diTrapano told The West Virginia Record. “We look forward to litigating this case.”
diTrapano
According to the complaint, John Gray underwent a laparoscopic cholecystectomy to treat his biliary dyskinesia on December 15, 2023, at CAMC by a CAMC Memorial Hospital by a CAMC physician.
Later that evening, Gray says he experienced intense pain at the operative site, nausea and dry heaves. He went by ambulance to Montgomery General Hospital’s emergency department, was examined, discharged and told to take an over-the-county pain medication.
But he says his pain and nausea continued for two days. He also says he also began vomiting bile, and his abdomen became swollen and rigid. He was taken by ambulance to CAMC Memorial’s emergency department with tachycardia, leukocytosis and lactic acidosis. He had an x-ray and CT scan that detected a possible bowel obstruction.
Gray had an emergency exploratory laparotomy that revealed a class 4 peritoneal wound and large bowel tear at the jejunum. Doctors performed a mid-jejunal small bowel resection and a right hemicolectomy. He spent the next five days in surgical ICA with a wound vac. He was discharged on Christmas Day.
Three days later, Gray went back to CAMC for a post-operative evaluation for bloodwork and was prescribed antibiotics. The next day, a CAMC physician ordered a CT scan after the bloodwork showed infection. The CT scan showed pneumomediastinum with extensive subcutaneous emphysema. Gray was told to go to CAMC again for an exam and repeat labs.
Gray was admitted against on December 29, 2023, and stayed for 19 days. He had a surgical debridement of his right abdominal wall, repair of a colocutaneous fistula in his right chest wall, skin graft and placement of a chest tube for pneumothorax. He was discharged January 17, 2024.
He accuses CAMC of medical negligence for breaching their duties of care by negligently and improperly treating him and by failing to use reasonable care and take responsible precautions with the use of surgical instruments during his December 15, 2023, procedure and for failing to properly evaluate, diagnose and treat him following that procedure.
Gray also accuses CAMC of vicarious liability, and his wife blames CAMC for loss of consortium.
The plaintiffs seek compensatory damages for losses including pain and suffering, medical expenses, loss of consortium, support and companionship as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Gray and his wife are being represented by diTrapano, Charles F. Bellomy and Timothy D. Houston of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Linsday of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 25-C-473