West Virginia Record

Monday, January 27, 2020

Woman blames nursing home for father’s death

By Kyla Asbury | Jan 17, 2013

CHARLESTON – A woman is suing McDowell Nursing & Rehabilitation, LLC, after she claims it is responsible for her father’s injuries and death.

Wisteria, LLC and AMFM, LLC were also named as defendants in the suit.

James Allen was a patient of the defendants from Nov. 9, 2010, until Dec. 6, 2010, according to a complaint filed Jan. 4 in Kanawha Circuit Court.

Claudia Ross claims during Allen’s residency, he suffered serious injuries from a pattern of poor care, neglect and abuse rendered by the defendants and their staff, including uncontrolled high glucose, severe dehydration and urinary tract infections.

The negligent care and abuse of Allen by the defendants caused significant destruction on his physical condition and proximately contributed to his death on Dec. 10, 2010, according to the suit.

Ross claims the defendants failed to exercise a degree of care, skill and learning required or expected of reasonable, prudent healthcare providers n their profession.

The defendants inadequately trained their employees and were aware that their employees were unqualified and inadequately trained, yet retained them as employees to care for residents, according to the suit.

Ross is seeking compensatory and punitive damages. She is being represented by Jonathan R. Mani and Damon L. Ellis.

The case has been assigned to Circuit Judge Charles E. King.

Case number: 13-C-18

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