West Virginia News

Woman Sues Doctor for Nephew’s Death

Nancy A. Austin of Hurricane, West Virginia is suing Dr. Arvind Viradia for the wrongful death of her nephew William R. Warner, Jr..  Warner died on November 11, 2003 when he suffered spinal cord tumors and paralysis as the result of a long suffered progressive brain disease. 

Austin, who is the executrix for her nephew, claims that his life may have been at least prolonged if not spared if it wasn’t for the negligent care provide by Dr. Viradia. 

Reports filed by the plaintiff allege that patient Warner visited the doctor on June 6th complaining of headaches on the right side of his head.  The doctor advised a CT scan for Warner, which showed a low-density area possibly indicating ischemia, infarction, or more serious complications.

A follow-up MRI was ordered and was performed by another doctor who advised that the patient undergo an additional MRI in several months time to verify suspicions that Warner was suffering from a right maxillary sinus disease. 

The report continues to state that Warner was seen by Dr. Viradia eight additional times over the following 29 months but was never recommended the follow-up MRI that the doctor had ordered.  This failure to advise the patient of the proper care and necessary precautions is the reason that Austin believes that her nephew was a victim of wrongful death.

Warner was admitted to the hospital on April 26th, 2003 after suffering a seizure.  At this time, a brain biopsy was conducted by neurosurgeon Robert Crow, which unveiled advanced stage glioma disease.  William R. Warner died after multiple efforts were made at Johns Hopkins Hospital in Baltimore, MD to treat his high-grade disease. 

The plaintiff commented that her nephew suffered, “excruciating and severe mental, emotional and physical pain and suffering prior to his death”, because of the negligence exhibited by Viradia’s failure to recommend the patient to a specialist for a follow-up MRI. 

Austin is claiming damages for funeral expenses, loss of income and emotional stress. 


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