Wrongful death settlement in Navy vet's case worth $275K

By John O'Brien | Jun 17, 2013

CLARKSBURG – A wrongful death settlement that will require the United States to pay $275,000 to the family of a Navy veteran who died in 2007 has been finalized.

On May 22, U.S. District Judge Irene Berger, of the Northern District of West Virginia, entered a dismissal order in Brenda Boggess’ claim against the Secretary of Veteran Affairs. The dismissal order came three months after the settlement was submitted.

Ronald Lee Boggess, Brenda’s late husband, died on Dec. 2, 2007. As executrix of his estate, she submitted a wrongful death claim.

She alleged that in the eight months preceding his death, Boggess was a patient of the Veteran Affairs Hospital in Clarksburg. During that time, he was improperly prescribed the drug amiodarone, which was not properly managed or monitored and resulted in his death, she claimed.

Brenda Boggess will recover more than $164,000, while $5,000 will be paid to each of their six children.

The firm of her lawyer, Wesley W. Metheney, will be paid 20 percent, which was the maximum percentage agreed to if the case could be settled without the need for filing a lawsuit.

Twenty percent of the settlement is $55,000, which will be paid to the firm Wilson, Frame & Metheney in Morgantown. The firm will also recover $8,699.26 in litigation expenses.

According to an obituary that was published in the Clarksburg Exponent-Telegram, Ronald Lee Boggess was 70 at the time of his death.

He had served on the USS F.D. Roosevelt CVA-42 and the USS Saipan CVL-48 while in the Navy. He then worked as a field engineer for 37 years with NCR Corp.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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