Hendrickson & Long, PLLC Represents Widower in CAMC Chemotherapy Negligence Lawsuit

A Raleigh County widower has filed a lawsuit against Charleston Area Medical Center (CAMC) and two named doctors alleging that the staff ignored obvious signs of chemotherapy toxicity and failed to provide an antidote that could have saved his wife.

David Phelps Sr. filed his complaint in Kanawha Circuit Court naming CAMC and staff oncologists Dr. Koe Hoe Chan and Dr. Saad Javaid. Phelps alleges that the doctors and CAMC are responsible for the “slow, painful, and gruesome death” of his 57-year-old wife, Rose Maria Phelps, following treatment for her diagnosed cancer.

According to the complaint, Rose Phelps was diagnosed in June 2025 with stage IIA squamous cell carcinoma of the anal canal. She was prescribed concurrent radiation and chemotherapy treatments that began on August 13 with the oral chemotherapy drug Xeloda at CAMC under the care of Chan and Javaid.

Chemotherapy is a drug treatment that deploys powerful chemicals to destroy fast-growing cancer cells. It is a systemic treatment that delivers drugs throughout the patient’s bloodstream, allowing them to attach to cancer cells. Because chemotherapy targets dividing cells, it can lead to severe side effects.

Painful Side Effects

For Rose, the first side effects that developed were facial redness, swelling, difficulty swallowing, hand-and-foot redness, and elevated temperature. These severe side effects showed up two days after her first round of chemotherapy. After going to CAMC for emergency care, she was sent home.

Three days later, Rose returned to CAMC and this time with nausea, vomiting, dizziness, sore throat, and bright red lips. This time, the CAMC diagnosed her with dehydration and administered IV fluids and anti-nausea medication. She was sent home again.

According to the complaint, Rose returned to the hospital three days later and was re-admitted with vomiting, swollen tongue, extensive rash, blisters on her hands and feet, shortness of breath, chest and abdominal pain, fever, and signs of blood clots.

The prescribed chemotherapy treatment for Rose included Xeloda, which is known to cause early-onset toxicity in patients that can lead to fatalities if left untreated. Vistogard is a uridine triacetate that is the only known antidote for Xeloda toxicity. For Vistogard to be effective, it is recommended that it be given within 96 hours of the last chemotherapy dose.

That can lead to a 96% survival rate.

Sadly, for Rose, a series of misdiagnoses and delayed testing led to her receiving the Vistogard 17 days after her chemotherapy began. She died on August 31.

“Because of the long and inexcusable delay in the administration of the antidote Vistogard, Mrs. Phelps continued to suffer and decline,” the complaint states. “Mrs. Phelps spent the last few hours of her life restrained to her hospital bed.”

Why Experience Matters in Complex Medical Litigation

While it is true that not every outcome for cancer treatment is a positive one. However, in Rose’s situation, it was a failure for the doctors to recognize the toxicity. David Phelps’ complaint alleges that, in addition to the doctors’ negligence, CAMC is culpable because it failed to train its staff on Xeloda toxicity. There were additional complications, such as the fact that CAMC did not have the Vistogard drug in its on-site pharmacy.

Phelps is seeking compensatory damages for sorrow and mental anguish, lost income and services, and medical and funeral expenses. He also seeks punitive damages, pre- and post-judgment interests, court costs, and other relief.

A wrongful death lawsuit such as this one is inherently complex. Attorneys Raj A. Shah, John H. Tinney Jr., and John K. Cecil of Hendrickson & Long, PLLC are experienced lawyers who are fully prepared to represent David in pursuit of accountability.

If you or a loved one was harmed by a doctor or hospital’s negligence, we want to hear from you. Reach out to our office to schedule a free consultation to discuss what happened. We can answer any questions you may have and discuss what should happen next. You don’t have to deal with this alone.