Lawsuit against Wexford Health Sources dismissed

HUNTINGTON - A lawsuit filed by a former Lakin Correctional Center inmate against Wexford Health Sources claiming a physician sexually harassed her was dismissed last year.

The physician, Dr. John Pellegrini, and an unnamed individual were also named as defendants in the suit.

On Jan. 26, 2012, an Order Granting the Defendants' Motion to Dismiss for Failure to Timely Serve was filed in Cabell Circuit Court.

On Jan. 3, 2012, the defendants filed a motion to dismiss, citing the plaintiff's failure to serve her complaint within the time allotted by Rule 4(k) of the West Virginia Rules of Civil Procedure.

The plaintiff filed her complaint on Aug. 26, 2011, and had 120 days after filing the complaint to serve the defendants pursuant to West Virginia Rules of Civil Procedure Rule 4(k), according to the motion to dismiss.

Based on allowing 120 days in which to serve the complaint, the time allowed expired on Dec. 26, 2011.

"The plaintiff has not sought any extensions of time in which to serve the Complaint on the Defendants. As such, the plaintiff failed to serve the Complaint within the time allowed under Rule 4(k) of the West Virginia Rules of Civil Procedure," the motion says.

The court ordered, adjudicated and decreed that the defendants' motion to dismiss was granted, dismissing the plaintiff's complaint pursuant to the rules of civil procedure without prejudice.

Elizabeth Brady received medical treatment from Pellegrini, who was employed by Wexford, while she was an inmate at the Lakin Correctional Center, according to a complaint filed Aug. 26, 2011, in Cabell Circuit Court.

Brady claimed while being treated by Pellegrini, she was the victim of sexual misconduct.

The defendants owed a duty to Brady to provide safe and appropriate medical care and failed to do so, according to the suit.

Brady claimed Pellegrini’s conduct was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency.

Wexford knew or should have known of Pellegrini’s conduct, according to the suit.

Brady was seeking compensatory and punitive damages with pre-judgment interest. She was being represented by Michael A. Woelfel of Woelfel & Woelfel LLP.

The defendants were represented by Vaughn T. Sizemore and Kelly C. Morgan of Bailey & Wyant PLLC.

The case was assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-621