Danville nursing home hit with lawsuit

MADISON -- A medical malpractice suit targets Boone Nursing and Rehabilitation Center of Danville.

Attorney Michael T. Collis, representing Michael R. Barker of Pittsburgh, filed a six-count complaint Dec. 23 in Boone Circuit Court resulting from an admission of less than two months in the skilled nursing facility for now deceased Russell F. Barker. M.R. Barker was appointed administrator of the estate of Russell Barker, who died May 1, 2010.

The Pittsburgh man had been in the Danville nursing home from late January through March 1, 2010. Collis is with the Wilkes-McHugh law firm in Pittsburgh.

Suit cites violation of West Virginia Code§ 16-5C-1 et. seq. pursuant to the Survival Act in demanding a jury trial. Count M charges Defendants' negligence, because Barker's care and safety needs were not properly managed and performed by a medical care provider.

Named defendants, other than the nursing facility also known as Boone Healthcare Center, are Sterling Health Care Management, Inc.; Advocate, Inc.; Diversified Management Services Co., and Diversified Leasing Corp., all of Brentwood, Tenn. Suit says they "were the business entities and/or individuals which owned, controlled, managed, supervised, operated and/or otherwise oversaw the Facility, and/or the property.. .and/or its assets."

Trial is projected for next December before Judge William S. Thomson.

Boone Circuit Court case number: 11-C-236