Woman accuses nursing home of fatal neglect

CHARLESTON – A Kanawha County woman is suing over claims a relative suffered fatal neglect in a nursing home.

Reda Zimmerman, on behalf of the estate of Randolph Zimmerman, filed a lawsuit Aug. 27 in Kanawha Circuit Court against Genesis Healthcare LCC, Genesis Eldercare Hospitality Services Inc., Genesis Health Ventures of West Virginia Inc., Genesis Health Ventures of West Virginia L.P., Genesis Eldercare Network Services Inc., Genesis Eldercare Management Services Inc., Genesis Eldercare Rehabilitation Services Inc., Genesis WV Holdings LLC, Genesis Operations WV LLC, Genesis Operations LLC, Glenmark Associates Inc., Saddle Shop Road Operations LLC, John Does 1 through 10, and unidentified entities 1 through 10 (as to Hilltop Center), citing wrongful death.

According to the complaint, Randolph Zimmerman was a resident of Hilltop Center, a nursing facility run by the defendants on Saddleshop Road in Hilltop from June 10, 2013, until June 30, 2013, during which time he suffered injuries including infection, septic shock and eventually death on July 3, 2013.

The complaint states the defendants guaranteed care to Zimmerman that they knew, through labor reports and complaints, would not be given due to budgetary restrictions and staffing problems.

The defendants are accused of corporate negligence, negligence, nursing home violations, medical malpractice, malice and/or gross negligence which evidences willful, wanton or reckless disregard for safety, fraud, premises liability and violation of the West Virginia Consumer Credit and Protection Act.

Reda Zimmerman is seeking damages and costs of litigation. She is being represented in the case by attorneys James B. McHugh, Michael J. Fuller Jr. and D. Bryant Chaffin of McHugh Fuller Law Group PLLC in Hattiesburg, Miss. The case has been assigned to Circuit Judge Louis H. "Duke" Bloom.

Kanawha Circuit Court case number: 14-C-1577