Family blames nursing home for woman's injuries

CHARLESTON – The family of a Kanawha County woman is suing over claims she sustained injuries in two nursing facilities due to alleged facility insufficiencies.

Valerie Guthrie, on behalf of the estate of Wava Casto, filed a lawsuit Sept. 5 in Kanawha Circuit Court against Genesis Healthcare, SunBridge Healthcare; Care Enterprises Inc.; Sunbridge Dunbar Health Care Corp.; Jackie Withrow Hospital; Angela Booker, administrator at Jackie Winthrow Hospital; John Does 1 through 10; and unidentified entities 1 through 10 (as to Dunbar Care and Rehabilitation Center and Jackie Withrow Hospital), citing negligence.

According to the complaint, on Sept. 10, 2010, Casto became a resident at Jackie Withrow Hospital on South Eisenhower Drive in Beckley and remained there until Oct. 21, 2013, during which time she sustained unexplained second-degree burns to her elbow, forearm and trunk, an unexplained fracture to her ulna and falls.

The complaint states that on Oct. 25, 2013, Casto was moved to Dunbar Care and Rehabilitation Center and Jackie Withrow Hospital on Caldwell Lane in Dunbar, where she sustained an unexplained wound to her elbow, infection and weight loss. According to the lawsuit Casto was a resident there until her death Nov. 19, 2013.

The complaint states the defendants held themselves out as being a responsible entity to care for Casto despite knowledge of staffing and budgetary insufficiencies. 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, violating the West Virginia Consumer Credit and Protection Act, corporate negligence and fraud for having knowledge of the systematic staffing problems at Cedar Ridge, failing to address them and attempting to hide these failures from state and federal government.

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 Casto's safety.

Guthrie seeks general and punitive damages and costs of litigation. She is represented by attorneys James B. McHugh and Michael J. Fuller Jr. of Hattiesburg, Miss. The case has been assigned to Circuit Judge Jennifer F. Bailey.

Kanawha Circuit Court case number: 14-C-1610