Bluefield woman awarded nearly $5.8M in medical malpractice suit

A Bluefield woman was awarded nearly $5.8 million last week, after a jury found that a doctor damaged nerves in her throat and caused her “permanent, severe and debilitating” injuries that required a tracheotomy.

One of Dominique Adkins’ lawyers said the jury award was one of the largest in the state since 2003, when West Virginia legislators instituted caps on medical malpractice judgments. Because of those caps, Adkins will see a fraction of the money the jury awarded her.

Adkins sued Dr. Michael Covelli in March 2016, saying he was negligent during her thyroidectomy on Feb. 25, 2014, in Charleston. She alleged Covelli didn’t take steps necessary to prevent injury to her laryngeal nerves.

Adkins said in court she has to clean the area of the tracheotomy three times a day, and has to bring a suction machine and breathing machine to maintain her airway everywhere she goes. Adkins, who has a bachelor’s degree in psychology from Bluefield State College, said she was turned down for at least one job because the employer said her tracheotomy was a liability.

Salem Smith, one of the attorneys representing Covelli said he didn’t believe the evidence supported the verdict or the amount awarded.  “We plan to review the record and are strongly considering filing an appeal,” Smith said in an email to the Gazette-Mail.

Lindsay said he knew the jury award was the largest malpractice award in Kanawha County since 2003, when lawmakers approved the caps on medical malpractice awards. He believes it’s the largest awarded in the state since then, but couldn’t be sure.

The legal changes approved by West Virginia lawmakers in 2003, among other things, cap the amount of non-economic damages — which include compensation for pain and suffering — that a person can receive in a medical malpractice lawsuit.

The original 2003 law capped such damages at $500,000, but subsequent legislation has allowed that cap to increase to account for inflation, based on the Consumer Price Index. Lindsay said the current cap is somewhere between $630,000 and $650,000.

That’s the most Adkins can receive in non-economic damages, even thought the six-person jury awarded her $5 million in such damages.

“I think [the Legislature] was trying to do away with frivolous cases,” said Dr. Richard Lindsay Sr., a medical doctor and attorney who also represented Adkins. “But when you put caps on plaintiffs’ injuries in meritorious cases … how do you award cookie-cutter damages for individual injuries?”

Jurors also awarded Adkins nearly $200,000 for medical expenses, nearly $540,000 for loss of income and $50,000 for loss of household services. The total award, including non-economic damages, was $5,788,977.36.

The week-long trial was held in front of Kanawha Circuit Judge Carrie Webster, who will consider post-trial motions during a hearing on Oct. 17.