Woman blames nursing home for mother's injuries, death

CHARLESTON – A Kanawha County woman is suing over claims her mother sustained injuries in a nursing home that contributed to her death.

Debra Boswell, on behalf of the estate of Patricia Hackett, filed a lawsuit Nov. 5 in Kanawha Circuit Court against Genesis Healthcare; Genesis Eldercare Hospitality Services Inc.; 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.; Glenmark Associates Inc.; 2720 Charles Town Road Operations; Care Haven Center; John Does 1 through 10; and unidentified entity 10 (as to Care Haven Center), citing corporate negligence.

According to the complaint, Hackett was a resident of the defendants' facility, Care Haven Center, in Martinsburg in October-November 2012, when she sustained injuries due to improper care, including a medication error by the facility and fluid overload, which both contributed to the deterioration of her health and, ultimately, her death Feb. 8, 2013.

The complaint states the facility held itself out as capable of properly caring for Hackett when it knew, through reports, management plans, surveys and previous lawsuits, that residents would not get the necessary care due to budgetary restrictions on staffing and supplies. The defendants are accused of corporate negligence, negligence, nursing home violations, malice and/or gross negligence which evidences a willful, wanton or reckless disregard for Hackett's safety, fraud, premises liability and violating the West Virginia Consumer Credit and Protection Act.

Boswell seeks general, special, punitive, and compensatory damages, medical expenses and costs. She is represented by attorneys James B. McHugh and Michael J. Fuller Jr. of McHugh Fuller Law Group in Hattiesburg, Miss. The case has been assigned to Circuit Judge Jennifer Bailey Walker.

Kanawha County Circuit Court case number: 14-C-1962