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WEST VIRGINIA RECORD

Friday, May 3, 2024

Man sues rehabilitation hospital for wife's wrongful death

State Court
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HUNTINGTON — A man is suing Rebound LLC for the wrongful death of his wife.

Rebound LLC is doing business as Encompass Health Rehabilitation of Huntington.

Encompass Health Corporation; Encompass Health West Virginia Real Estate; ABC Business Entities 1 through 10; John Doe Nursing Care Providers 1 through 10; John Doe Controlling Officers; Managing Members; and General Partners 1 through 10 were also named as defendants in the suit.

Alice Woodburn was a patient of the defendants' rehabilitation hospital and she died on Jan. 31, 2022, according to a complaint filed in Cabell Circuit Court.

Blaine Woodburn claims his wife had the right to be free from all forms of abuse or harassment and the right to privacy and to receive care in a safe setting.

"The Hospital was required to make a comprehensive nursing assessment of Alice Woodburn's needs, conducted with or coordinated with appropriate health professionals within 24 hours of her admission as an inpatient," the complaint states. "Based upon the comprehensive nursing assessment of Alice Woodburn, the Hospital was required to develop an effective plan of care to ensure that Alice Woodburn received appropriate treatment and services."

The hospital was required to provide Alice Woodburn with services that met professional standards of quality, according to the suit.

A reasonably careful person or hospital operating under similar circumstances would foresee the failure to uphold the standard of care, the complaint states.

Blaine Woodburn claims the defendants caused Alice Woodburn to suffer bodily injury and pain and suffering; gross indignities; degradation and humiliation; disability and physical impairment; mental anguish and inconvenience; extreme emotional distress; loss of capacity for enjoyment of life; discomfort; expenses and aggravation of previously existing conditions.

Blaine Woodburn is seeking compensatory and punitive damages. He is represented by Ryan J. Duty of SeniorJustice Law Firm in Pittsburgh, Pa.

The case is assigned to Circuit Judge Gregory L. Howard Jr. 

Cabell Circuit Court case number: 23-C-110

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