West Virginia Record

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Princeton cancer center sued over woman's death

By Joel Brakken | Sep 10, 2013

PRINCETON - A Mercer County man is suing after his mother was injured and died as a result of alleged negligence.

Donnie Higgins, as the personal representative of the Estate of Shirley Higgins, filed a lawsuit May 13 against 21st Century Oncology of West Virginia, doing business as Center for Cancer Care — Princeton, in the Circuit Court of Mercer County, citing negligence and wrongful death.

The complaint states that on May 16, 2011, Shirley Higgins was receiving treatment at 21st Century Oncology. According to the complaint, for two months prior to May 16 she had been receiving treatment of the same injury.

The complaint states that on May 16, 2011, 21st Century Oncology was undergoing maintenance work and had rolled up a rug in the hallway floor and placed it in the corner of the hallway.

The rug was placed in such a way that it was hidden and anyone who walked around the corner would immediately come into contact with the rug, according to the brief.

Higgins allegedly was walking around the corner to enter her treatment area when her foot became trapped in the rug and she tripped and fell to the floor.

According to the complaint, she received serious injuries to her knees, hip, arms, jaw, face and head. Higgins died on Oct. 6, 2011. The complaint alleges that she died as a result of the injuries she sustained in the trip and fall.

Higgins' estate is seeking an undisclosed of amount of damages.

Donnie Higgins is being represented by attorney Ryan J. Flanigan of Sanders, Austin, Flanigan & Flanigan.

Circuit Court of Mercer County Case No. 13-C-184.

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