Home health care provider caused injury, suit claims

CHARLESTON - A Kanawha County woman and the woman appointed to be her power of attorney have filed a suit against a local home health care company after the woman was injured when someone from the health care company was helping her bathe.

Bessie Kirk and Freda Massey filed the suit Feb. 14 in Kanawha Circuit Court against West Virginia Home Health Services Inc. and C.J. Neff.

Freda Massey is the next friend and power of attorney over Bessie Kirk.

According to the suit, Kirk was receiving home health care services from C.J. Neff on Jan. 12, 2006. The suit says Neff was bathing Kirk when she was allowed to fall from her bed and hit her head.

According to the suit, Kirk suffered a traumatic right subdural hematoma, which required hospitalization at Charleston Area Medical Center. She now requires a feeding tube and has lost a significant portion of her cognitive functions.

Kirk and Massey claim Neff and his employer failed to comply with the applicable standard of care in their treatment of Kirk, which caused her brain injury.

Kirk claims she has suffered a brain injury, loss of enjoyment of life, lowered life expectancy, embarrassment and humiliation. Kirk and Massey seek damages to compensate Kirk for her injuries.

Attorney Arden J. Curry II is representing Kirk. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 08-C-311