An Orange woman and her husband have filed suit against eight doctors and three hospitals, alleging the woman suffered from a stroke, among other injuries, after doctors inserted a device into her veins.
Ivalyn and Lee O. Anderson claim Ivalyn had a subcutaneous central venous access device put in her veins and received chemotherapy treatments, a radiology evaluation, a cardiology evaluation and treatment, a neurology evaluation and treatment, emergency medical treatment and nursing care.
All of Ivalyn's care occurred between Aug. 16, 2006, and Sept. 21, 2006, according to the complaint filed Oct. 30 in Jefferson County District Court.
During her treatment, Ivalyn suffered a stroke, a traumatic rupture of her subclavian artery and severe, painful and permanent injuries to her brain and heart, the suit states.
"Plaintiff suffered needlessly with anxiety, pain and illness resulting in damages," the suit states.
In addition, Ivalyn claims she incurred substantial medical expenses, physical pain, mental anguish, physical impairment, loss of consortium, loss of mental function, loss of household services, disfigurement, fear of future disease and the cost of medical monitoring and prevention.
She claims her injuries were due to the forceful misplacement of the subcutaneous central venous access device in her heart, repetitive failure to diagnose misplacement of device and continuous subsequent use of the misplaced venous device.
As a result of Ivalyn's injuries, Lee has suffered mental anguish and a loss of consortium, according to the complaint.
Samuel J. Pangburn, who inserted the subcutaneous central venous line in Ivalyn's heart; Julie and Ben Rogers Cancer Institute, Memorial Hermann Baptist Beaumont Hospital and Memorial Hermann Baptist Orange Hospital, all places where Ivalyn received nursing care; Gwendolyn L. Lavalais, who worked at the Cancer Institute and provided oncology and chemotherapy treatment; Charles S. Day and Stephen Nicholas Cherewaty, Sr., who reviewed radiology films; Daniel Karnicki, who reviewed radiology reports; Nestor Cagol Punay, who provided cardiology consult services; William Martin Rutledge, Jr., who provided medical treatment; and Steven Kavon Socudi, who provided neurology consult services, were negligent because they failed to warn Ivalyn of the danger's of their incompetent treatment, according to the complaint.
Pangburn, the Cancer Institute, Memorial Hermann Baptist Beaumont Hospital, Memorial Hermann Baptist Orange Hospital, Lavalais, Day, Cherewaty, Karnicki, Punay, Rutledge and Socudi also negligently failed to properly perform the treatment, failed to recognize symptoms resulting from Ivalyn's treatment and failed to inform Ivalyn of her true physical state after her treatment, the suit states.
Pangburn and the Cancer Institute also failed to fully disclose the risks of the surgery, the suit states.
In addition, Ivalyn claims Pangburn failed to consult a specialist in the surgery field, failed to insert the subcutaneous central venous access device in the right portion of the heart, failed to force the device into Ivalyn's aorta and failed to remove and report the suspected defective catheter.
The Cancer Institute failed to warn Ivalyn of the dangers resulting from the nurse-patient relationship resulting from its incompetent treatment, failed to consult a specialist in the oncology and nursing fields, failed to observe significant changes in Ivalyn's condition and to contact a physician and failed to properly assess Ivalyn's needs, according to the complaint.
Lavalais negligently failed to consult a specialist in the oncology field and referred Ivalyn to a surgeon when she should have known the surgeon was incompetent, the suit states.
Ivalyn claims Memorial Hermann Baptist Beaumont Hospital and Memorial Hermann Baptist Orange Hospital negligently failed to consult a specialist in the field of nursing and failed to alert a physician when Ivalyn's condition worsened.
In addition, Memorial Hermann Baptist Beaumont Hospital failed to recognize the use of acceptable nursing practices to limit Ivalyn's risk of infection, according to the complaint.
Day and Cherewaty failed to consult a specialist in the radiology field, the suit states.
Ivalyn claims Karnicki failed to consult a specialist in the surgery field.
Punay failed to consult a specialist in the cardiology field, according to the complaint.
Rutledge failed to consult a specialist in the medicine field, the suit states.
Ivalyn claims Socudi failed to consult a specialist in the neurology field.
The doctors' and hospitals' actions "involved an extreme degree of risk, considering the probability and magnitude of the potential harm to Plaiintiffs and others," the suit states.
The Andersons are seeking unspecified damages, plus prejudgment interest at the maximum rate, post-judgment interest at the legal rate, costs and other relief the court deems just.
Brett S. Thomas of Beaumont will be representing them.
The case has been assigned to Judge Gary Sanderson, 60th District Court.
Case No. B182-642