Man files malpractice case after injury during back surgery

HUNTINGTON – A Kentucky man has filed a medical malpractice suit after he was severely injured during back surgery.

Joel D. Stevens filed his complaint September 22 in Cabell Circuit Court against the Marshall University Board of Governors, Dr. Sajell Khan and PA-C Zachary Gunter. Khan and Gunter were employees of the MUBOG.

“The combined gross negligence of these health care providers rendered Mr. Stevens crippled for the rest of his life,” attorney L. Dante diTrapano told The West Virginia Record. “We intend on making them pay for this blatant medical malpractice.”

According to the complaint, Stevens suffered from severe cervical stenosis and cervical myelopathy. He was treated for those conditions by Dr. Heather Pinckard-Dover at King’s Daughters Medical Center in Ashland, Ky. Dover recommended surgery and referred Stevens to Khan at Cabell Huntington Hospital. The surgery was scheduled for August 31, 2023.

Khan performed a variety of procedures on Stevens, including placement of screws, a laminectomy and others. Khan was assisted by Gunter during the surgery.

During the surgery, Stevens suffered a vascular injury to the vertebral artery at the right C2 pedicle when, according to the complaint. Khan or Gunter inserted a 3.5x14 mm screw at the site of the injury. The left and right vertebral arteries supply blood to the brain and spine.

“Following the surgery, Mr. Stevens displayed dangerously high blood pressure arising from the vascular injury,” the complaint states. “He remained inpatient at CHH for blood pressure management. On September 2, 2023, while still inpatient at CHH, Mr. Stevens suffered a cerebellar stroke.”

Stevens remained at Cabell Huntington until September 12, 2023, when he was discharged to an acute rehabilitation facility. Since then, Stevens has suffered impaired mobility, severe recurring pain and other impairments that are expected to continue indefinitely.

He accuses the defendants of medical negligence, and he accuses the MUBOG of vicarious liability.

Stevens seeks compensatory, general, special and punitive damages as well as pre- and post-judgment interests, court costs, attorney fees and other relief.

He is being represented by diTrapano, Charles F. Bellomy and Timothy D. Houston of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay of Tabor Lindsay & Associates in Charleston.

Cabell Circuit Court case number 25-C-417