Man sues HCR ManorCare, others for mother's death

CHARLESTON -- A man is suing HCR ManorCare after he claims they are responsible for his mother's death while she was a resident at Heartland of Beckley.

Heartland of Beckley WV, LLC; HCR Manorcare West Virginia Properties, LLC; Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Jo Claire Hanshew; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Beckley) were also named as defendants in the suit.

Ethel Goss was admitted to Heartland of Beckley on March 31, 2009, and remained a resident there until May 14, 2009, according to a complaint filed May 12 in Kanawha Circuit Court.

Henry Goss claims his mother sustained injuries, including falls, fractures and ultimately, death, because the defendants failed to adequately care for her.

The defendants' actions were negligent as they failed to adequately budget and allocate resources to the facility, which directly caused damages to Ethel Goss, according to the suit.

Henry Goss claims the defendants owed a duty to residents to comply with any right or benefit created or established for the well-being of the resident by the terms of any contract, by any state statute or rule, or by any applicable federal statute or regulation.

The defendants breached their duties by depriving residents, including Ethel Goss, of rights and benefits created and established for the well-being of the residents by the terms of applicable contracts, according to the suit.

Henry Goss is seeking compensatory and punitive damages. He is being represented by James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon and D. Bryant Chaffin.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-775