FAYETTEVILLE — Genesis Healthcare denies the claims against it in a case alleging medical negligence and wrongful death.
Genesis denies that Hidden Valley Center, its employees or agents failed to exercise a degree of care, skill and learning required or expected within the meaning of the West Virginia Medical Professional Liability Act.
"Ruth Burgess' injuries and/or damages, were the proximate result of natural disease processes, accidental injuries and/or illnesses, and not as a result of any negligence of the herein Defendant, their agents, servants and/or employees," the answer states.
Genesis argues that its nursing home services met all applicable standards of care and punitive damages are not warranted, according to the answer.
A jury trial is scheduled for Dec. 6, 2022, according to court documents.
Michael Burgess filed the lawsuit as the administrator of Ruth Burgess' estate against 422 23rd Street Operations, which is doing business as Hidden Valley Center, and Genesis Healthcare, according to a complaint filed in Fayette Circuit Court.
Ruth Burgess was a nursing home resident of the defendants beginning on June 28, 2020, and during her residency, they failed to provide a safe environment for her and failed to provide adequate supervision and safety devices to prevent her from suffering a fall with an acute left intertrochanteric femur fracture.
"The negligence and carelessness of the professionals and non-professionals at Hidden Valley Center contributed substantially in causing serious injuries to Ruth Burgess, resulting in pain and suffering," the complaint states.
Ruth Burgess died on July 26, 2020. Michael Burgess claims the defendants' actions ultimately contributed to or led to her death.
Michael Burgess is seeking compensatory and punitive damages. He is represented by Jeff D. Stewart, Andrew L. Paternostro, S. Andrew Stonestreet and Michelle L. Barker of Stewart Bell in Charleston.
The defendants are represented by Rochelle L. Moore of Genesis Healthcare.
Fayette Circuit Court case number: 21-C-74
