Woman sues nursing home over injuries

By Matt Russell | Jul 31, 2014

CHARLESTON -- A woman has filed a lawsuit on behalf of a former nursing home resident who was allegedly injured during her stay.

Katherine McCourt, on behalf of Bessie Fisher, filed suit July 1 in Kanawha Circuit Court against Genesis Healthcare LLC, Genesis WV Holdings LLC, Genesis Eldercare Hospitality Services LLC, Genesis Health Ventures of West Virginia Inc., Genesis Health Ventures of West Virginia LP., Genesis Eldercare Network Services Inc., Genesis Eldercare Management Services Inc., Genesis Eldercare Rehabilitation Services Inc. and 106 Tyree Street Operations LLC, doing business as Ansted Center.

According to the complaint, on Aug. 19, Bessie Fisher was admitted to Ansted Center nursing home, where she remained a resident until Sept. 2, suffering injuries during her stay including falls, a nose fracture and a laceration that required stitches. The injuries were the result of systemic staffing issues at the nursing facility the defendants were aware of and negligently hid by promoting itself as able to adequately care for residents including Fisher, the suit states.

The defendants are accused of corporate negligence, nursing home violations, negligence, medical malpractice, malice, gross negligence, breach of fiduciary duty, premises liability and violation of the West Virginia Consumer Credit and Protection Act.

The plaintiff is seeking damages in an amount exceeding the minimum jurisdictional amount of the court, general damages, special damages, punitive damages, costs and any other relief the plaintiff is entitled to.

She is represented by Hattiesburg, Miss., attorneys James B. McHugh and Michael J. Fuller Jr. of McHugh Fuller Law Group PLLC. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court Case No. 14-C-1189

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