A woman has filed suit against Charleston Area Medical Center and New Century Emergency Physicians of West Virginia alleging that they were responsible for the wrongful death of her son.


The suit also names Dr. John S. Bodkin III as a defendant.


According to the suit Reba Walls filed on April 28 in West Virginia’s Kanawha County Circuit Court, the defendants deviated from the applicable standard of care and were negligent in their care of John Anthony Tyburski Jr.


Walls alleges that the defendants failed to provide her son with adequate and safe care, appreciate the physiological implications of her son’s initial complaints and symptoms, timely, properly, and adequately assess her son’s condition, properly and adequately document and/or communicate her son’s initial and on-going symptoms, ensure and provide Tyburski with appropriate and timely testing, maintain a diagnostic differential, take appropriate, timely, and necessary measures to provide Tyburski with complete treatment and/or care, and otherwise timely and adequately assess, report, treat, and/or care for her son’s emergent condition.

Walls claims that Tyburski experienced physical and mental pain and suffering, severe emotional distress, and permanent scarring and incurred medical expenses prior to his death on April 7, 2008.


Walls seeks compensatory and punitive damages.

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