WELLSBURG – The estate of an Ohio man who died after a tonsillectomy has sued Weirton Medical Center and three physicians, alleging an unnecessary operation, inadequate post-surgical monitoring and an improper decision to end resuscitation efforts while he still had an electrical heart rhythm.
Jeffrey O. Brown filed the complaint September 1 in Brooke Circuit Court on behalf of the estate of Joseph Bowersox. It names WVU Medicine Weirton Medical Center, Dr. Kevin E. Kelly, Dr. Ganesh Arun and Dr. Mitchell Fuscardo as defendants.
According to the complaint, Bowersox went to WMC’s emergency department July 10, 2024, complaining of a sore throat that had begun four days earlier. A CT scan showed his right tonsil was markedly enlarged but did not show a peritonsillar abscess, the complaint says.
The lawsuit says Kelly recommended a tonsillectomy two days later despite Bowersox having an active tonsil infection. It also contends the procedure was elective and medically unnecessary.
Kelly recommended the surgery because he was scheduled to leave for vacation the following week and it could take about three weeks to schedule the procedure later, according to the complaint which also said Kelly’s own records noted the risks were “somewhat higher” when tonsillectomies are performed on “hot tonsils” or actively infected tonsils.
Kelly performed the surgery July 12, 2024, the complaint says. His operative report, as summarized in the suit, indicated he found a small abscess behind the right tonsil, opened the abscess cavity, took a culture and removed both tonsils.
Bowersox remained hospitalized after the procedure, which the complaint describes as typically outpatient. The lawsuit alleges medical records do not explain why he was kept in the hospital for two days and says he complained of shortness of breath and hoarseness after surgery. His oral intake was poor, and July 14 chest X-rays showed a possible development of pneumonitis in the lower portions of both lungs, according to the filing.
At about 5 a.m. July 14, Bowersox began vomiting bright-red blood and experienced severe throat bleeding, the complaint says. A nursing note included in the filing states a rapid-response call was made at 5:23 a.m.; chest compressions had begun by 5:25 a.m.; and a Code Blue was called at 5:30 a.m.
The complaint says Bowersox was intubated and received blood products, intravenous fluids, epinephrine and tranexamic acid during the emergency response. It says he had pulseless electrical activity, or PEA, during the resuscitation effort.
A report attributed to Fuscardo and included in the lawsuit says the patient had no detectable blood pressure, pulse or spontaneous breathing at the time the code was stopped at 6:06 a.m. The report also said Bowersox later developed agonal breathing and cardiac activity, though he had no blood pressure.
The complaint alleges Kelly and Fuscardo initially pronounced Bowersox dead and told his family he had died. While staff members were preparing him for the family to see, according to the suit, they found he had a pulse and agonal breathing. He was transferred to the critical care unit and died several hours later after the family agreed to discontinue further life-support intervention based on physicians’ assessment that he had an anoxic brain injury, the complaint alleges.
The estate alleges the hospital and doctors failed to appropriately treat, evaluate and monitor Bowersox before and after the surgery. It also says the defendants failed to adequately intervene when he was deteriorating and during the bleeding episode, failed to administer nebulized TXA and improperly discontinued resuscitation while he had a PEA rhythm.
The lawsuit also alleges WMC failed to properly train and supervise employees and is legally responsible for negligent acts by its staff and agents.
The estate seeks damages for Bowersox’s alleged pre-death pain and suffering, medical expenses and other recoverable losses, as well as wrongful death damages for beneficiaries’ emotional suffering and loss of companionship. It also seeks attorney fees, court costs, interest and punitive damages.
The estate is being represented by L. Dante diTrapano and David H. Carriger of Calwell Luce diTrapano in Charleston as well as by Dr. Richard D. Linsday of Tabor Lindsay & Associates in Charleston and by Anthony I. Werner of John & Werner Law Offices in Wheeling. The case has been assigned to Circuit Judge David Sims.
Brooke Circuit Court case number 26-C-82
