WHEELING — An Ohio County certified nursing assistant is appealing the state health department’s decision to suspend her after a complaint of alleged patient abuse.

Sheena Mortimer filed a lawsuit in Ohio Circuit Court against the West Virginia Department of Health and Human Resources, alleging false findings of fact.

According to the complaint, a patient at Peterson Rehabilitation Hospital became verbally abusive to staff, prompting supervisors to insist Mortimer have someone else present when she attended to her. The suit says this patient accused Mortimer of verbal abuse (which she denies) and neglect for a delay in assisting her when she soiled herself during the plaintiff’s evening shift.

Mortimer seeks reversal of the DHHS decision. She is represented by attorney William C. Callagher of Cassidy, Cogan, Shapell & Voegelin L.C. in Wheeling.

Judge Jason A. Cuomo is assigned to the case.

Ohio Circuit Court Case number 16-C-64

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