WordPress: Articles Blogs

BLUEFIELD — A Northfork woman says doctors at Community Radiology of Virginia failed to diagnose her with breast cancer after an imaging test.

Jacqueline Wallace filed a complaint March 10 in McDowell Circuit Court against Community Radiology, Gary W. Wright, Dr. Stephen Raskin and Dr. Valery P. Sobczynski.

According to a letter Dr. Abbott Huang sent to Wallace’s attorneys, Wallace felt a small pea-sized lump in her right breast on Dec. 7, 2006. The following February her husband was concerned the lump was getting larger — “about the size of the end of a middle finger,” the letter says.

In turn, Wallace says she had an imaging test performed at Community Radiology in Bluefield, Va., on March 16, 2007.

On March 20, 2007, Community Radiology issued a report to Wallace, stating that the imaging appeared normal and that there was no evidence of cancer, according to the complaint.

About eight months later, Wallace went for her annual Pap smear test and mentioned the lump in her right breast was growing larger, according to the letter from Huang. Her doctor requested an ultrasound that was performed on Dec. 17, 2007.

A mass was found, and doctors performed a biopsy of the tissue imaged in the March test. In the tissue, doctors found a mass that was indeed cancerous, the complaint says.

Sobczynski was the radiologist responsible for reading the March test and initially determining Wallace was free of cancer, the suit states.

“From a radiologic point of view, the mass seen in the right breast was perceptible on the study of March 16, 2007,” Huang’s letter says. “Given the history of the mass, an ultrasound should have been performed on the initial study date. This reflects a deviation from the standard of care within a reasonable degree of medical certainty.”

Because doctors at Community Radiology failed to find the cancer, Wallace says she has endured emotional pain and suffering, plus physical pain, lost wages, emotional distress, economic loss and permanent disfigurement.

However, Community Radiology contends the complaint against it should be dismissed.

Although it does admit to releasing a report to Wallace saying there was no evidence of cancer, Community Radiology says it included a warning in the report.

“Defendant denies that that is the entirety of the information contained in the report and affirmatively states that the report further states that some patients with breast cancer have normal mammograms, in addition to other information,” its answer to Wallace’s complaint states.

In addition, Wallace was wrong in naming Raskin as a defendant in the complaint because of his ownership interest in Community Radiology, the center states.

In fact, Raskin, who performed the radiology services at Community Radiology, had no ownership interest in the company. Instead, he had a contract through Community Radiology and was responsible for contracting with other radiologists who may have been needed to fill in for him, it says.

Community Radiology is asking the court to dismiss Wallace’s complaint against it with prejudice and to award it attorneys’ fees and other relief the court deems just.

In addition to Community Radiology and the two doctors, Wallace names Wright as a defendant in the complaint, saying he is the president and chairman of Community Radiology. But Wright contends he, also, should be dismissed as a defendant in the case because he does not own Community Radiology.

“Rather, Community Radiology of Virginia is owned by CROV Holding, a Virginia company,” the suit states. “In turn, CROV Holding is owned by PG Diagnostic Acquisitions, Inc. Mr. Wright, a Florida resident, owns PG Diagnostic Acquisitions, Inc.”

In addition, Wright argues has no contacts with West Virginia and so the state’s long-arm statute does not apply to him.

“Mr. Wright, a Florida businessman connected to the Virginia parent company of Virginia company Community Radiology does not solicit any business whatsoever from West Virginia patients,” his response to the complaint says. “He has no contact whatsoever with the State of West Virginia.”

In her complaint, Wallace is seeking unspecified damages, plus other relief the court deems just.

Wright and Community Radiology have removed the case to federal court because of complete diversity of citizenship between them and Wallace and because Wallace is seeking more than $75,000.

They say Raskin’s and Sobczynski’s citizenships do not matter because the two doctors have not been served.

Eric M. Franci and Steven Mancini of Lewisburg will be representing Wallace.

Elizabeth S. Lawton and Jason Wandling of Shuman, McCuskey and Slicer in Charleston will be representing Wright and Community Radiology.

Source

It’s still cold outside and not spring quite yet so your dog still needs quality and cute dog clothes such as this dog parka. More and more pet owners are realizing that their pets get cold too and so you might be thinking about getting your special dog something warm to wear. Now you can keep your dog warm and stylish at the same time.

With several different types of dog apparel to choose from you are sure to find the perfect dog sweater, dog jacket, and even dog pajamas. Since we all know we are in hard economic times SuppliesJust4Pets.com is offering tiered coupons for customers. You can now save $5 on orders of $50, $10 on orders of $100, or $15 on orders of $175. Find these coupon codes at http://www.suppliesjust4pets.com/coupons.html.

Source

If it’s a national park in Hawaii, then it has to have something to do with beaches, waves and surfing, doesn’t it? Actually, no. On the island of Maui, a national park sweeps across the stunning landscape of Haleakala, a 10,023-foot volcano whose peak is surprisingly accessible and extremely popular.

Visitors can easily drive to the summit of Haleakala (which means “House of the Sun”), though it’s admittedly a steep trip into the clouds along an extended series of switchback curves. The 38-mile trip ascends from sea level to 10,000 feet in about two hours, during which you traverse three climate zones. There are three picturesque overlooks to enjoy – Leleiwi, Puu Ulaula, and Kalahaku – and a visitor center just below the peak.

More than one million people annually make this journey, many of them in the predawn hours as it’s a dramatic place from which to view the sunrise. The sunset views are pretty spectacular, as well. According to Hawaiian legend, it was here that the demigod Maui lassoed the sun from the summit of Haleakala in order to force it to move more slowly across the sky and thereby lengthen the day.

At the top, one can look down into a massive crater that encompasses 19 square miles and is more than 2,600-feet deep. The Haleakala Crater was formed through the ages by erosion from wind and water. A number of breathtaking hiking trails lead down into the crater’s lunar landscape. The trails are breathtaking in more ways than one, though. Remember, if you begin by hiking down, it means you have to return by hiking uphill. Not always an easy task, especially at that altitude. There are, however, escorted hiking and horseback tours available. Or, you can take a van up to the peak and then enjoy an exhilarating ride back down the twisting road on a rented mountain bike.

Haleakala is also a prime location for astronomy and there are observatories located near the summit. These are unfortunately closed to the public, although a stargazing expedition can be arranged through a local company that brings portable telescopes up the mountain.

source: http://www.examiner.com/