Woman's estate sues nursing home, parent company

CHARLESTON - The estate of woman who died from injuries sustained in a Dunbar nursing home has filed a lawsuit against the home's parent company, seeking compensatory and punitive damages.

Anthony Calvanese filed the suit July 31 in Kanawha Circuit Court, on behalf of his late mother, Ferris McCarthy. The suit is against Sunbridge Care and Rehab and the Sun Healthcare Group, Inc.

According to the suit, McCarty was admitted to Sunbridge Care and Rehab in January 2006, at the age of 79. Upon her admission, McCarthy suffered from dementia and could no longer handle her affairs. Her cognitive and physical skills were impaired.

She remained in the home until Aug. 10, 2006, when she died as a result of the injuries she sustained in a fall at the facility.

The suit says that prior to her fall, McCarthy no longer had the ability to comprehend that she had been a victim of nursing home negligence and resident rights violations.

Among the injuries she sustained while at the nursing home were falls, weight loss, dehydration, malnutrition, constipation, a perforated bowel, infections, and ultimately, her death.

Calvanese claims that prior to her death, his mother suffered injuries, disfigurement, extreme pain, suffering, and mental anguish.

"The scope and severity of the recurrent wrongs inflicted upon Ferris McCarthy while under the care of the facility accelerated the deterioration of her health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma," the suit says.

In the ten-count suit, Calvanese seeks compensatory and punitive damages for himself and his mother's estate and wrongful death beneficiaries.

Attorney James B. McHugh is representing Calvanese. The case has been assigned to Judge Charlie King.

Kanawha Circuit Court case number 08-C-1478