Man blames Omega Laboratories for false drug test results

By Kyla Asbury | Feb 26, 2016

CLARKSBURG – A man is suing Omega Laboratories Inc. after he claims it falsely reported his drug test results and caused him to lose his job.

Shawn Michael Marsh was employed by Wyoming Casing Services and was subjected to drug testing every three months, according to a complaint filed Jan. 12 in Harrison Circuit Court and removed to federal court on Feb. 12.

Marsh claims on Sept. 16, a sample of a hair drug test was collected from him for one of the routine drug screenings and on Sept. 25, the results were returned from Omega Laboratories showing a positive test result for Methamphetamine.

Pursuant to their procedures regarding drug use, Wyoming Casing Services terminated Marsh’s employment on Sept. 29, according to the suit.

Marsh claims immediately upon notification of his positive test results and subsequent termination, he contacted a surgeon who had performed a minor surgery on him approximately one month prior to his test to ensure that the medications from the surgery would not impact the results in any way.

The plaintiff was informed that his medications could not influence a drug test and therefore, he personally obtained a second drug test on Oct. 5 from Omega Laboratories, the results of which came back negative, according to the suit.

Marsh claims because of the defendant falsely reporting that he had ingested methamphetamines, his employment was terminated and he suffered damages.

The defendant’s actions caused Marsh to suffer lost wages, loss of benefits, emotional distress, anxiety, fear, embarrassment, humiliation and financial hardship, according to the suit.

Marsh is seeking compensatory and punitive damages. He is being represented by Erika Klie Kolenich and Karl Kolenich of Klie Law Offices PLLC.

Omega is represented by Charles K. Gould and Jason D. Bowles of Jenkins Fenstermaker PLLC.

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

U.S. District Court for the Northern District of West Virginia case number: 1:16-cv-00021

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