Man accuses drug testing center of negligence

By Kyla Asbury | Apr 2, 2015

CLARKSBURG – A man is suing Drug Testing Centers of America LLC after he claims his hair follicle sample was contaminated due to the company’s negligence,

Eddie Huntley was employed by Baker Hughes Inc. as a CDL licensed truck driver, according to a complaint filed March 18 in the U.S. District Court for the Northern District of West Virginia.

Huntley claims in March 21, 2013, he was servicing a natural gas drilling site owned and operated by Antero Resources when he was required to undergo a random, on-site drug test, which was conducted by the defendant.

The plaintiff provided a urine sample at the defendant’s request and allowed the defendant’s agents to conduct a hair follicle sample collection from him, according to the suit.

Huntley claims he was instructed to lean over a countertop while the defendant’s agent cut his chin hair and she allowed his chin hair to fall freely onto the countertop area and swept it into a piece of foil with her bare hand.

The defendant’s employee also did not use sanitized scissors when she cut Huntley’s chin hair, according to the suit.

Huntley claims the counter area he was required to lean over was also not sanitary and had not been cleaned prior to him sample collection.

Despite requests to see the documents relating to his hair follicle sample collection, the defendant informed him he would not receive copies and that he was not permitted the opportunity to review the documents so that he might make copies, according to the suit.

Huntley claims on March 28, 2013, he was informed his hair sample had tested positive for oxycodone, which he had never been prescribed, nor had he ever used or abused.

Less than 24 hours after receiving the drug test results from the defendant, Huntley traveled to Concentra Medical Center and requested a hair follicle drug test to be performed, according to the suit.

Huntley claims the sample was taken from his armpit, which produces more accurate results and the test produced negative results.

The positive test result attributed to Huntley by the defendant was a result of contamination of his hair follicle sample or a sample other than his being associated with him, according to the suit.

Huntley claims as a result of the test results by the defendant, he was terminated from his employment.

The defendant’s actions were negligent and caused Huntley to suffer damages, according to the suit.

Huntley is seeking compensatory damages in an amount more than $75,000. He is being represented by Thomas E. Buck and Jason P. Pockl of Bailey & Wyant.

The case is assigned to District Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00048


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