Companies, state agencies want Title XIX case dismissed
Kelly Holleran Sep. 30, 2008, 7:20am
ELKINS – Two corporations and state agencies have asked a federal court to dismiss a case a woman and her mother filed in August claiming one received substandard mental health care.
The state Department of Health and Human Resources, one of the agencies that requested the dismissal, said its request needs to be honored because Andria and Brenda Donnellan, the plaintiffs, failed to notify the agency before they filed the complaint.
United Summit Center also asked for the complaint to be dismissed with prejudice.
In their Aug. 19 complaint, the Donnelsons claim Andria received substandard medical care.
Andria is a Title XIX mental services patient at United Summit Center, but claims she did not receive proper care while there.
The DHHR, which is the state agency that administers the Title XIX program, contend it was not informed of the tort action until after it was filed.
That is a pre-requisite before filing an action against a state agency, the agency claims.
The DHHR was named in the lawsuit because Andria and Brenda claim it did not require United Summit Center to follow the Title XIX regulations and statutes.
In addition to unspecified compensatory and punitive damages, the Donnellans are seeking a Writ of Mandamus against the Department of Health and Human Resources and Injunction against United Summit Center requiring them to give Brenda unrestricted access to Andria's medical records and to carry out no plan of care inconsistent with Brenda's wishes.
The other two agencies named in the suit are Coordinating Council for Independent Living and the West Virginia EMS Technical Support Network.
The Donnellans claim the CCIL has not adequately coordinated services and has mismanaged Andria's case.
They claim the West Virginia EMS Technical Support Network has not advocated zealously for Andria.
The case was moved from Lewis Circuit Court to U.S. District Court, where it was filed Sept. 17.
U.S. District Court case number 2:08CV93