West Virginia Record

Wednesday, January 22, 2020

Estate administrator alleges medical care provider failed to provide records

By Philip Gonzales | Feb 27, 2017

HUNTINGTON — A Kanawha County woman is suing a Cabell County medical care provider, alleging intentional refusal to provide records.

Cynthia Manning, as administrator of the estate of Edward Fumich, filed a complaint Feb. 6 in Cabell Circuit Court against Res-Care Inc., doing business as Res-Care Health Care Services Inc., alleging failure to comply with West Virginia Code regulations.

According to the complaint, Fumich was a resident at Res-Care facility from 1988 until shortly before his death July 3, 2015. In an effort to investigate the cause of Fumich's death, the suit says, a counsel on behalf of Manning, requested from Res-Care the decedent's record from Jan. 1, 2015, through his death. 

To date, the lawsuit states, no information has been provided. The plaintiff alleges Res-Care Health Care Services has refused and continues to refuse to provide the records, which prohibits Manning from performing her duties to investigate Fumich's death.

Manning seeks trial by jury, an order directing Res-Care to provide all records requested at no charge, award for this suit and all other proper relief. She is represented by attorney Michael J. Del Giudice of Ciccarello, Del Giudice & Lafon in Charleston.

Cabell Circuit Court Case number 17-c-76

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Ciccarello, Del Giudice and LaFon