Kanawha Sheriff sues nursing home for wrongful death

By Kyla Asbury | Nov 9, 2009


CHARLESTON -- Kanawha County Sheriff Mike Rutherford is suing Sunbridge Care & Rehabilitation for Dunbar for wrongful death.

Rutherford claims during Nancy Clendenen's 12-day stay at the nursing home, she suffered serious injuries from a pattern of poor care, neglect and abuse, according to a complaint filed Oct. 26 in Kanawha Circuit Court.

Clendenen stayed in the nursing home from Feb. 4 until Feb. 16, 2008, and during this period Rutherford claims she suffered from falls, constipation and delays in her treatment, which caused the significant destruction of her physical and mental condition.

Rutherford claims Clendenen was deprived of her right to receive adequate and appropriate health care and her family members were not fully informed of her total health status and medical condition during her residency.

As a result of Sunbridge's alleged negligence, Clendenen suffered from systemic abuse and neglect, which led or contributed to her death on March 24, 2009.

Rutherford is suing for compensatory and punitive damages for negligence, statutory violations and wrongful death. Harry F. Bell Jr., Andrew L. Paternostro and Robert W. Absten of the Bell Law Firm are representing him.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 09-C-2006

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