FAYETTEVILLE – A woman is suing Genesis Health Ventures of West Virginia for the death of her mother.
Genesis Health Ventures of West Virginia Inc., which is doing business as Ansted Center LLC; Holly Burley, the director of nursing at Ansted; John Does 1-10, as administrators of Ansted; Dr. Scott Allen Keffer; Scott Keffer Inc., which is doing business as Mountain Medical Associates; and Amedisys West Virginia LLC were all named as defendants in the suit.
On Nov. 12, 2012, Mescal Fern Osborne underwent a revision of a hip/revision of right acetabulum at WVU Ruby Memorial Hospital in Morgantown, according to a complaint filed Feb. 9 in the Fayette Circuit Court.
Osborne was discharged on Nov. 16, 2012, and her discharge instructions stated that if she or her caregiver noticed redness at the site of the incision, warmth, fever or any would drainage, she was to contact her treating physician.
Beginning Nov. 19, 2012, Osborne received home health care from Amedisys and on Nov. 27, 2012, she presented for her post-operative follow-up, which, during the exam, the physician noticed redness around the suture line of Osborne's right hip, but no discharge or drainage from the wound site and minimal warmth, according to the suit.
Judy Eggleston, Osborne's daughter, claims she and her mother were again instructed to monitor the would for increased redness and to contact the doctor if there were any changes.
On Nov. 26, 2012, Osborne began in-home physical therapy with Amedisys staff and, despite the redness continuing to increase, Amedisys staff noted no redness on Nov. 28, 2012, according to the suit.
Eggleston claims on Dec. 7, 2012, she contacted Amedisys to inquire when nursing staff would next treat her mother and was informed that it could not until the following week.
That same day, without informing Eggleston or Osborne, Amedisys discharged Osborne from nursing care on the basis that her goals had been met, according to the suit.
Eggleston claims her mother was readmitted to Ruby Memorial on Dec. 14, 2012, and underwent an incision and drainage of the right hip revision with an exchange of the poly-ethylene liner. The infectious disease department at the hospital recommended a six-week course of intravenous Vancomycin and Ceftazidime.
Osborne was discharged from the hospital into the care of Ansted Center and, during her time there, she missed doses of her antibiotics, according to the suit.
Eggleston claims on Jan. 16, 2013, Osborne was required to undergo a resection arthroplasty of the infected right total hip with insertion of articulating antibiotic spacer. On Jan. 31, 2013, she was discharged to hospice, where she died of sepsis caused by infection on Feb. 7, 2013.
The defendants were negligent in their care of Osborne and violated the Nursing Home Act, according to the suit.
"These are the exact types of cases for which injured patients and their families should have a statute in place to help hold those responsible accountable, not let them off the hook," said Kathy A. Brown, one of the attorneys representing the plaintiff.
Eggleston is seeking compensatory and punitive damages. She is being represented by Brown and Timothy D. Houst0n of Kathy Brown Law PLLC.
The case is assigned to Circuit Judge Paul M. Blake Jr.
Fayette Circuit Court case number: 15-C-38