West Virginia Record

Sunday, July 21, 2019

Wrongful death claimed in suit against Sudar Partners

By Kyla Asbury | Nov 12, 2012

HUNTINGTON -- A man is suing Canyon Sudar Partners, LLC, after he claims it negligently cared for his mother and caused her wrongful death.

SVCare Holdings, LLC; Sava Senior Care, LLC; SSC Equity Holdings, LLC; SMV Management Company, LLC; SMV Huntington, LLC; Seventeenth Street Associates, LLC; and Annica Stansberry were also named as defendants in the suit.

Jo Ann Bowyer was a resident of Huntington Health & Rehabilitation from Feb. 16 until April 13, according to a complaint filed Oct. 18 in Cabell Circuit Court.

Lyle Edward Bowyer, her son, claims the defendants failed to properly care for Jo Ann Bowyer and caused her wrongful death.

During her residency, the defendants allegedly failed to provide Jo Ann Bowyer with sufficient hydration and nutrition; failed to monitor her foley catheter ensuring that it was working properly and was free of infection; failed to monitor her intake of fluids, resulting in severe dehydration; failed to notify her physician of significant changes in her condition, her declining level of cognitive and alertness and her dehydration; and failed to monitor her in order that she did not suffer from infection resulting in a serious, unrecoverable condition and ultimately death, according to the suit.

Lyle Bowyer claims on April 13, Jo Ann Bowyer was transferred from Huntington Health & Rehabilitation by EMS due to her continued deteriorating condition and, at the time, it was noted she had no urine output, she had a fever and she was unresponsive.

The defendants breached the applicable standard of care by failing to care for Jo Ann Bowyer, according to the suit.

Lyle Bowyer claims the defendants’ negligence caused Jo Ann Bowyer’s death on April 13.

The defendants recklessly deprived Jo Ann Bowyer of a right or benefit created or established for her well-being resulting in injuries and death, which violated the Nursing Home Act, according to the suit.

Lyle Bowyer is seeking compensatory and punitive damages. He is being represented by Jonathan R. Mani and Damon L. Ellis.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-701

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