CLARKSBURG – A man is suing HCR ManorCare LLC after he claims it is responsible for his mother's injuries and death.

HCR ManorCare Inc.; HCRMC Operations LLC; HCR ManorCare Heartland LLC; Manor Care Inc.; HCR Healthcare LLC; HCR Manor Care Services Inc.; Health Care and Retirement Corporation of America LLC; Heartland Employment Services LLC; Heartland of Clarksburg WV LLC; HCR ManorCare West Virginia Properties LLC; Stacey Welman; John Does 1 through 10; and Unidentified Entities 1 through 10, as to Heartland of Clarksburg, were also named as defendants in the suit.

On July 16, 2013, Carol June Johnson was admitted to Heartland of Clarksburg and she remained a resident of the nursing home until Oct. 2, 2013, according to a complaint filed in February in Harrison Circuit Court and removed to federal court on Oct. 26.

Roger Johnson claims the defendants were well aware of Carol Johnson's medical condition and the care that she required when they represented that they could adequately care for her needs.

The defendants made affirmative representations to the family that they appropriate level of care would be provided when the defendants knew, because of budgetary restrictions on staffing and supplies, that residents, including Carol Johnson, would not get the necessary care, according to the suit.

Roger Johnson claims Carol Johnson suffered catastrophic injuries; disfigurement; and extreme pain, suffering and mental anguish.

The scope and severity of the recurrent wrongs inflicted on Carol Johnson while under the care of the facility accelerated the deterioration of her health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma, according to the suit.

Roger Johnson claims Carol Johnson suffered pressure sores, weight loss, infections, pain and, eventually, her death.

Roger Johnson is seeking compensatory and punitive damages. He is being represented by James B. McHugh, Michael J. Fuller Jr. and Ka'Leya Hardin of McHugh Fuller Law Group.

The defendants are represented by David E. Rich, J. Jarrod Jordan and Daniel R. Schuda of Anspach Meeks Ellenberger LLP; and Benjamin L. Bailey, P. Gregory Haddad and Kerrie Wagoner Boyle of Bailey & Glasser LLP.

The case is assigned to District Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00189

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