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Patients seeking class-action lawsuit
Oct 04, 2009 (The Register-Herald - McClatchy-Tribune Information Services via COMTEX) --
A Summersville attorney said several former patients of Know Pain Clinic in Beckley are prepared to file a class-action lawsuit against the clinic.
Attorney Bill McCourt said he's spoken with around 12 patients who have been unable to find new doctors since the clinic closed around the end of August or beginning of September.
"They're generally getting the type of medication that a lot of doctors have been sued in the past for dispersing," he said. "Doctors don't just want to bring you in and give you this type of medicine.
"They want to make sure the people they're giving the medicine to is who is getting the medicine," he added. "It's the type that's resellable."
According to McCourt, Know Pain patients who really need the medication are harmed by the stereotypes and by the clinic closing.
"They suffer, plain and simple," he said.
McCourt said around 500 to 1,000 people are needed in order to make a class-action suit feasible.
"The main thing we need is for anybody that is hurting from this situation to call my office or the office of (attorney) Henry Wood," he said.
McCourt may be contacted at 304-872-5651. Wood's contact, Sheila Anderson, is available at 304-925-9592.
Know Pain Clinic, located on Harper Road, closed unexpectedly.
Many patients complained to local media that they were unable to receive treatment and to get their medical records transferred.
A clinic spokesman said the clinic closed because Dr. Narciso Rodriguez-Cayro left abruptly.
Rodriguez-Cayro denied the claim, stating he was owed several weeks of pay when he left the clinic.
The physician said he asked clinic administrators for his paycheck and said he would return once he had received pay.
He said last week he was not asked to return, nor was he given a paycheck.
Know Pain attorney John Miesner of Charleston did not return phone calls Friday.
Under West Virginia law, a judge must decide if a suit qualifies as a class-action lawsuit.
-- E-mail: jfarrish@register-herald.com
To see more of The Register-Herald or to subscribe to the newspaper, go to
http://www.register-herald.com. Copyright (c) 2009, The Register-Herald,
Beckley, W.Va. Distributed by McClatchy-Tribune Information Services. For
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