Raleigh Co. man accuses care center of malpractice in grandmother's death

By Taylor Morse | Nov 3, 2015


BECKLEY – A Raleigh County man is suing a care administrator and her practices, alleging negligence and malpractice in the treatment of his grandmother.

James Hartwell of Roanoke, grandson and personal representative to the estate of Dempsey Cyrus, filed a lawsuit in Raleigh Circuit Court against Heartland of Beckley WV, Manor Care Inc., Health Care and Retirement Corporation of America, and administrator Brandy Gillespie, alleging negligence and malpractice that ultimately resulted in the death of Cyrus.

According to the complaint, Cyrus was admitted to Heartland nursing facilities (where Brandy Gillespie was the administrator) in July 2004 where he received abuse and neglect. The suit says this treatment resulted in serious injuries such as dehydration, a required amputation of his left leg, and eventually death Dec. 12, 2013, 14 days after his release.

Hartwell seeks all compensation allowable by law for the damages, including attorney fees, costs and all else the court sees fit to award. He is is represented by attorneys Andrew L. Paternostro and Jeff D. Stewart of The Bell Law Firm in Charleston. The case has been assigned to Circuit Judge Robert A. Burnside, Jr.

Raleigh Circuit Court case number 15-C-725

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