Man sues WVDHHR for mother's death

by Kyla Asbury |
Jun. 27, 2013, 7:30am

CHARLESTON - A Raleigh County man is suing the West Virginia Department of Health and Human Resources for his mother's death.

West Virginia Department of Health and Human Resources is doing business as Jackie Withrow Hospital.

Macie Faye Moseley was a nursing home resident of the defendants from June 29, 2005, until June 3, 2012, according to a complaint filed June 5 in Kanawha Circuit Court.

Thomas Moseley claims the defendant negligently cared for his mother.

As a direct and proximate result of the defendant's employees' negligence during the relevant time period in the course and scope of their agency and employment, Macie Moseley sustained bodily injuries, resulting in pain and suffering; mental anguish; inconvenience; physical impairment; loss of capacity to enjoy life; aggravation of existing diseases and physical defects; and incurred medical expenses, according to the suit.

Thomas Moseley claims the defendant breached its duties to Macie Moseley and negligently caused her death on June 20, 2012.

As a result of the defendant's negligence, Thomas Moseley and his mother's estate have incurred medical expenses for the care and treatment of the conditions that lead to Macie Moseley's death and incurred funeral expenses, according to the suit.

Thomas Moseley is seeking compensatory damages. He is being represented by Andrew L. Paternostro, Sprague W. Hazard and Jeff D. Stewart of the Bell Law Firm PLLC.

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

Kanawha Circuit Court case number: 13-C-1088

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