Man blames Genesis Healthcare for mother’s injuries, death

CHARLESTON -- A man is suing Genesis Healthcare Corporation after he claims it negligently cared for his mother while she was a resident.

Genesis Healthcare, LLC; Deatra Adkins; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Valley Center) were also named as defendants in the suit.

Dolores Miller was a resident of the defendants from Nov. 18, 2010, until May 2, 2011, according to a complaint filed Nov. 21 in Kanawha Circuit Court.

Joel Miller claims the defendants failed to discharge their obligations of care to Dolores Miller and, as a consequence, she suffered catastrophic injuries, disfigurement, extreme pain, suffering and mental anguish.

The scope and severity of the recurrent wrongs inflicted upon Dolores Miller while under the care of the facility accelerated the deterioration of her health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma, according to the suit.

Joel Miller claims the defendant failed to follow his mother’s physician's orders on eye drops and caused his mother to lose her personal dignity and caused her death to be preceded by extreme and unnecessary pain; degradation; anguish; and otherwise unnecessary hospitalizations, disfigurement and emotional trauma.

The defendants used deception; false pretense; false promises and/or misrepresentations; and/or the concealment, suppression and/or omission of material facts with the intent that the plaintiff and others rely upon in connection with the sale of nursing home services, according to the suit.

Joel Miller is seeking compensatory and punitive damages. He is being represented by James B. McHugh and Michael J. Fuller Jr.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-2328

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