Woman blames home health company for brother's death

CHARLESTON – A woman is suing Voca Corporation of West Virginia Inc. for her brother's death.

Voca Corporation is doing business has Rescare Home Care-Princeton Agency.

Res-care Inc. was also named as a defendant in the suit.

James F. Moles suffered from numerous medical conditions, including blindness, retardation and schizophrenia, and because of these conditions he lived at Valley View Group Home, according to a complaint filed Feb. 3 in Kanawha Circuit Court.

Ella L. Shrewsberry claims on March 26, 2010, Moles was fed a hot dog for lunch by the staff of Valley View Group Home and choked on pieces of the hot dog and went into cardiac arrest.

Emergency personnel were called to the scene and Moles was transported to Princeton Community Hospital, where he was intubated and placed on a mechanical ventilator, according to the suit.

Shrewsberry claims Moles died two days later as a result of choking on the hot dog.

The defendants had a duty to supervise Moles and to have a safe environment for its clients/consumers, according to the suit.

Shrewsberry claims the defendants chose not to create and consistently implement a plan of treatment to prevent choking and chose not to monitor Moles' ingestion and access to food.

The defendants breached the applicable standard of care and were negligent, according to the suit.

Shrewsberry is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Jonathan R. Mani and Bernard E. Layne III.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 12-C-225