Woman sues nursing home for negligence

By Kyla Asbury | Jun 20, 2013

CHARLESTON - A woman is suing Beverly Enterprises-West Virginia Inc. for nursing home negligence that resulted in the death of her mother.

Beverly Enterprises-West Virginia Inc. is doing business as Golden Living Center-Riverside.

Jennifer Jeffrey, individually and as administrator of Golden Living Center-Riverside; and John Does 1-2 were also named as defendants in the suit.

RoseAnn McFerran became a resident of the defendants on June 23, 2011, and after only a few hours, went into extreme respiratory distress, according to a complaint filed May 31 in Kanawha Circuit Court.

Patricia McFerran, RoseAnn McFerran's daughter, claims an EMS crew arrived at 2:15 a.m. and found RoseAnn McFerran to be "not breathing, pulse less, apnic and with a rhythm of pulse less electrical activity, all consistent with cardiopulmonary arrest."

The EMS crew reported no CPR was in progress at the time of their arrival and estimated the time of arrest was greater than 20 minutes prior to their arrival, according to the suit.

Patricia McFerran claims RoseAnn McFerran was pronounced dead at approximately 4 a.m. at Thomas Memorial Hospital.

As a direct and proximate result of the defendants' negligence, incompetent procedures, carelessness, lack of care and deviation from the normal standard of medical care, RoseAnn McFerran died and her estate, as well as Patricia McFerran, suffered injuries and losses, according to the suit.

Patricia McFerran is seeking compensatory damages. She is being represented by Robert B. Warner and Tammy Bowles Rice of Warner Law Offices PPLC and Todd Bailess of Bailess Law PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1055

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