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WEST VIRGINIA RECORD

Thursday, March 28, 2024

St. Joseph's Hospital, others named in wrongful-death suit

PARKERSBURG – A Wood County hospital, several of its related business entities and a Parkersburg physician are named as defendants in a wrongful-death suit.

On July 11, Margaret J. Williams, in her capacity as the administrix of the estate of Kimberly D. Williams filed a lawsuit against St. Joseph's Hospital of Parkersburg and four of its entities in Wood Circuit Court.

The related entities named in the suit are St. Joseph Health Initiative, St. Joseph Health Care System, Inc., Columbia-St. Joseph Health Care System, Ltd. and 4M Emergency Systems of West Virginia, Inc.

Also, named in the suit is Dr. Harry A. Marinakis.

In her two-county complaint and suit, filed with the assistance of James I. Stealey, with the Parkersburg law firm of Goldenberg, Goldenberg and Stealey, Margaret Williams alleges Kimberly "received medical treatment from the defendants" starting on Dec. 23, 2005, until her death on July 11, 2006. The exact cause of Kimberly Williams' death is not stated.

However, Margaret Williams alleges "While Kimberly D. Williams, was under the care of the defendants…they deviated from the acceptable standards of care, skill and diligence as practiced by reasonable specialists in light of medical and scientific knowledge…"

The alleged negligence of the defendants caused Williams to suffer "an increased risk of harm, a reduced chance of avoiding injury and/or making a complete recovery…which ultimately resulted in her death…"

As a result of Kimberly Williams' death, Margaret Williams, along with her husband Richard Sr. and son, Richard Jr., incurred "sorrow, mental anguish and solace, including society, companionship, comfort, guidance, kindly offices and advice of the decedent."

As compensation for her family's loss, Williams is seeking compensatory damages to cover Kimberly's income, "services, protection, care and assistance provided by the decedent; Expenses for the care, treatment, and hospitalization of the decedent incident to the injury resulting in death" and reasonable funeral and burial expenses.

Because she is uncertain as to who was responsible for Kimberly's death, Williams says in her suit, "upon proper proof and/or stipulation by counsel, [she] stands ready to dismiss those entities which have no such legal liability or responsibility."
The case has been assigned to Judge Mark A. Waters.

Wood Circuit Court, Case No. 08-C-420

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