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WEST VIRGINIA RECORD

Thursday, May 2, 2024

Nurse at VA Medical Center says shoe covers caused her to fall

Federal Court
Huntingtonva

HUNTINGTON – A registered nurse blames the shoe covers she was required to wear for injuries she sustained at work.

Melinda Dangerfield, who lives in Putnam County, filed her complaint February 21 in federal court against ICP Medical Inc. and Concordance Healthcare Solutions LLC.

According to the complaint, Dangerfield was employed at the Hershel “Woody” Williams VA Medical Center in Huntington. The hospital had a dedicated COVID ward, and Dangerfield regularly worked in that ward.

To contain the spread of COVID-19, those working in the ward were required to wear extensive single-use personal protective equipment, including shoe covers. The equipment was provided by the hospital.

The VA procured the shoe covers – ICP-SCNS0003 Universal shoe covers – from ICP Medical, with Concordance delivering the shoe covers to the hospital.  The shoe covers were described as having a “non-skid pattern,” according to the complaint.

On June 28, 2021, Dangerfield says she began her night shift in the COVID ward. She used the shoe covers over her Crocs work shoes, which she says had significant slip resistance.

As her shift continued into June 29, Dangerfield says she was in a patient room collecting food trays. As she turned, she says she planted her left foot. But, her left foot slipped out from underneath her, causing her to fall hard on her left side.

She says she suffered severe injuries, including impact injuries to her left hip and shoulder as well as damage to her left ulnar nerve. Because of the nerve damage, Dangerfield says she lives with consistent pain and numbness in her left hand from the tips of her fingers up her left arm.

Dangerfield says she also has suffered pain and suffering, mental anguish, psychological injuries, medical expenses, lost income and earning capacity, lost services/protection/care/assistance, loss of society/companionship/consortium and other damages.

She accuses the defendants of breach of warranty, strict product liability and negligent design, manufacture, warning and distribution. She seeks compensatory damages, punitive damages, court costs, attorney fees, pre- and post-judgment interest and other relief.

Dangerfield is being represented by Lee Javins II and David Bosak of Bailey Javins & Carter in Charleston. The case has been assigned to District Judge Robert C. Chambers.

U.S. District Court for the Southern District of West Virginia case number 3:22-cv-00088

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