Personal injury attorney Mark R. Staun of Hartley Law Group is co-counsel in a wrongful death lawsuit filed on behalf of the widower of a West Virginia woman who allegedly suffered a tragic and preventable death following chemotherapy treatment at Charleston Area Medical Center (CAMC). Hartley Law Group is working alongside attorneys Raj A. Shah, John H. Tinney Jr., and John K. Cecil of Hendrickson & Long, PLLC in representing the Phelps family in the matter.
The lawsuit claims CAMC and two oncologists failed to recognize and properly treat severe toxicity caused by the chemotherapy drug Xeloda, despite what the complaint describes as clear warning signs that rapidly escalated over the course of several days.
According to the filing, Rose Marie Phelps began experiencing alarming symptoms shortly after starting treatment for anal cancer, including swelling, rashes, severe pain, vomiting, difficulty swallowing, and signs of systemic toxicity linked to a rare genetic condition known as DPD deficiency. The lawsuit alleges that medical providers repeatedly misdiagnosed or minimized her symptoms while failing to administer Vistogard – the only known antidote for severe Xeloda toxicity – within the critical treatment window associated with the highest survival rate.
The complaint further alleges that CAMC did not have Vistogard readily available in its pharmacy and delayed ordering the life-saving medication until it was too late. Rose Phelps ultimately died on August 31, 2025, after what the lawsuit describes as a “slow, painful and gruesome” decline.
The case seeks compensatory and punitive damages and raises serious questions regarding patient safety protocols, informed consent, genetic risk screening, staff training, and emergency preparedness surrounding chemotherapy toxicity treatment. Through this litigation, Hartley Law Group and Hendrickson & Long are working to help the Phelps family pursue accountability and justice following this devastating loss.
