Family claims woman was neglected in nursing home

CHARLESTON – The family of a Kanawha County woman is suing over claims she was neglected in a nursing home.

Joyce Stevens, on behalf of Sharon Burge, filed a lawsuit Sept. 5 in Kanawha Circuit Court against Genesis Healthcare Corporation; Genesis Healthcare; Genesis WV Holdings; Glenmark Associates Inc.; 302 Cedar Ridge Road Operations; Cedar Ridge Center; John Does 1 through 10; and unidentified entities 1 through 10 (as to Cedar Ridge Center), citing negligence.

According to the complaint, Burge became a resident of the defendants' nursing facility on Cedar Ridge Road in Sissonville due to dementia on Sept. 5, 2013, after which time she experienced the deterioration of her health owing to falls, bedsores, infection, weight loss and pneumonia.

The nursing home defendants, John Does 1 through 10, the facility's administrators and entities 1 through 10 are accused of nursing home violations, medical malpractice, and corporate negligence in having knowledge of the systematic staffing problems at Cedar Ridge, including insufficient numbers of staff and failing to address them.

The complaint states those defendants also are accused of violating the West Virginia Consumer Credit and Protection Act, breach of fiduciary duty and fraud, for concealing the facts of insufficient staff and supplies from Bruge's family and holding itself out as a responsible entity to care for Bruge when it had actual knowledge of the facility's insufficiencies. The administrator defendants also are accused of negligence, and all defendants are accused of premises liability and malice and/or gross negligence which evidences a willful, wanton or reckless disregard for Burge's safety.

Stevens seeks general and punitive damages and costs of litigation.

She is represented by attorneys James B. McHugh, Michael J. Fuller Jr. and D. Bryant Chaffin of McHugh Fuller Law Group in Hattiesburg, Miss. The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 14-C-1607