MORGANTOWN – A Morgantown couple alleges the husband's arthritic knee was misdiagnosed by physicians at a hospital's emergency room.

James E. Stewart and Johanna Stewart filed a complaint in Monongalia Circuit Court against the West Virginia University Board of Governors; Kevin McCluskey, M.D.; Kendra Unger, M.D.; and Samantha Minc, M.D. alleging professional medical negligence and other counts.

The suit states that James Stewart was admitted to the emergency room at WVU Hospitals on April 1, 2017, with pain in his right knee. Defendant Unger allegedly diagnosed the plaintiff with acute deep vein thrombosis and right popliteal vein.

The plaintiff alleges was told by Unger that a surgical placement of an IVC filter was the best court of action. The plaintiff underwent the placement of the IVC filter on April 4, 2017, by McCluskey, the suit states. The plaintiffs allege McCluskey did not meet with them to discuss the complications and risk associated with the placement of an IVC filter.

The suit states James Stewart was discharged on April 5, 2017, and his condition began to deteriorate at home. The plaintiff allegedly was unable to walk upstairs and could not walk without the assistance of a walker.

James Stewart was readmitted to the hospital on June 13, 2017, for severe confusion, hallucinations and insomnia and on July 10, 2017, was discharged and admitted to HealthSouth for rehabilitation, the suit states.

The suit states McCluskey removed the IVC filter on July 19, 2017. On Aug. 1, 2017, James Stewart suffered a near-fatal embolism and had to go to the emergency room for care, the suit states.

The plaintiffs allege that when James Stewart presented to the emergency room in April 2017, he did not have an acute DVT, but an arthritic knee.

The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. The plaintiffs are represented by John R. Angotti of Angotti & Straface LC in Morgantown.

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Monongalia Circuit Court case number 19-C-82