Woman blames Heartland for mother's death

CHARLESTON – A Kanawha County woman is suing over claims her mother sustained fatal injuries while a short-time resident of a nursing home.

Joann Polidori, as personal representative of the estate of Victoria Fields, filed a lawsuit Sept. 9 in Kanawha Circuit Court against Health Care and Retirement Corporation of America, doing business as Heartland of Charleston; Manor Care Inc., formerly known as HCR Manor Care; Health Care and Retirement Corporation of America; and Danny Davis, administrator; citing wrongful death.

According to the complaint, Victoria Fields was a resident of the defendant companies' nursing home from Nov. 14, 2012, until Nov. 23, 2012, during which time she experienced poor care and neglect, including the defendants' employees failing to seek treatment for a change in Fields' condition which resulted in multi-vessel artery blockage and the obstruction of blood supply to heart tissue.

The complaint states these injuries caused her death. The defendants are accused of negligence, ordinary negligence and reckless misconduct, wrongful death and statutory violations, and Davis is accused of negligent hiring and negligently under-staffing the facility.

Heartland of Charleston was the defendant in a high-profile case that originally saw a jury award a plaintiff $91 million over a former resident's death. Earlier this year, the state Supreme Court reduced that penalty to $37 million. 

In this new complaint, Polidori is seeking damages, funeral expenses, attorney fees, and costs of court.

She is represented by attorneys Andrew L. Paternostro, Sprague W. Hazard and Jeff D. Stewart of The Bell Law Firm in Charleston. The case has been assigned to Circuit Judge Carrie L. Webster.

Kanawha Circuit Court case number: 14-C-1664