Man sues Genesis Healthcare, alleges nursing home negligence

By Kyla Asbury | Nov 21, 2012

CHARLESTON – A man is suing Genesis Healthcare Corporation after he claims it was negligent in its treatment of one of his family members.

Genesis Healthcare, LLC; Lynn Elliott; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heritage Center) were also named as defendants in the suit.

On Feb. 3, 2011, Charles Young was admitted to Heritage Center, where he remained a resident until April 19, 2011, and died on March 20, according to a complaint filed Nov. 16 in Kanawha Circuit Court.

Jack Hicks claims the defendants failed to discharge their obligations of care to Young and as a consequence, he suffered catastrophic injuries, disfigurement, extreme pain, suffering and mental anguish.

The scope and severity of the recurrent wrongs inflicted upon Young while he was under the defendants’ care accelerated the deterioration of his health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma including aspiration pneumonia, pressure sores, urinary tract infections and malnutrition, according to the suit.

Hicks claims the defendants’ actions caused Young to lose his personal dignity and extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, disfigurement and emotional trauma.

The defendants failed to take reasonable steps to prevent, eliminate and correct deficiencies and problems in resident care, according to the suit.

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

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

Kanawha Circuit Court case number: 12-C-2290

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