Hartley Law Group has filed a medical malpractice action on behalf of a West Virginia man who was injured as a result of an unnecessary right knee unicompartmental arthroplasty.
Filed on September 16, 2026 in Kanawha County Circuit Court by Joseph Bellomy and Denise Bellomy, the Complaint names Walter C. Boardwine, D.O. and Davis Memorial Hospital d/b/a Davis Medical Center as defendants.
On March 26, 2025, Dr. Boardwine performed a unicompartmental arthroplasty of the right knee on Mr. Bellomy. He did not order physical therapy for Mr. Bellomy until May of 2025. Following the surgery, Mr. Bellomy developed a right knee effusion, loss of strength in the knee, limited range of motion and localized pain. Physical therapy did not improve his symptoms. Dr. Boardwine did additional imaging and noted the prosthesis was not displaced. However, subsequent imaging by Dr. Matthew Bullock at Marshall Orthopedics revealed the knee replacement was not in proper alignment. An additional examination and review by Dr. Adam Klein of WVU Ruby Memorial Hospital concluded the arthroplasty was poorly performed. Mr. Bellomy underwent a revision surgery on March 30, 2026 by Dr. Bullock, but he has sustained permanent injuries to his knee.
The Bellomys assert that due to Mr. Bellomy’s weight, the arthroplasty should never have been performed. They also allege poor surgical technique caused the improper alignment after the surgery and the physical therapy order was untimely. Finally, the Bellomys claim that because Dr. Boardwine failed to diagnose the misalignment after the surgery, Mr. Bellomy did not timely receive corrective surgery.
The lawsuit targets Davis Memorial Hospital and its corporate entities under the doctrine of vicarious liability, holding them responsible for the actions and inactions of their employee, agent or servant. The case seeks compensatory damages, as well as post-judgment interests, court costs, attorney fees and other relief.
If you or a loved one has suffered as a result of medical negligence or medical malpractice, you are not alone. Hartley Law Group is here to help you seek justice. We are here for our clients when they need us most. Send us a message online or call us at 1.800.625.2889 to schedule a consultation.
READ FULL COMPLAINT HERE
