A patient claims employees at the St. Louis Veterans Affairs Medical Center failed to remove a metal surgical instrument during a cochlear implant.
James Edmiston filed the complaint Sept. 10 in the U.S. District Court for the Southern District of Illinois against the United States of America.
According to the complaint, Edmiston claims he underwent a cochlear implant surgery at the John Cochran Veterans Affairs Medical Center in St. Louis on Nov. 21, 2013. He alleges a “large, metal surgical instrument used for excavating the skull” was left inside his skull during surgery.
The plaintiff alleges the defendant breached its duty of care by failing to timely and appropriately follow procedures and protocols designed to avoid the risk of retained surgical items, failing to properly perform or oversee the surgical count, failing to properly train or ensure the competence of the surgical team, and failing to render treatment in a reasonable prudent manner.
As a result, Edmiston claims he suffered severe and permanent physical injuries to his head and was required to undergo additional surgical treatment. He also claims he lost wages and earning capacity, incurred medical expenses and endured pain, suffering and disfigurement.
Edmiston alleges he filed a timely claim with the U.S. Department of Veterans Affairs on Aug. 28, 2015. He then filed a request for reconsideration with the VA on Aug. 26, 2016, satisfying the administrative prerequisites to this complaint.
The plaintiff seeks a judgment in his favor in excess of $50,000, plus costs and all other relief the court deems just.
He is represented by J. Michael Weilmuenster and Nathaniel O. Brown of Weilmuenster & Keck PC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-917