Daughter alleges nursing home's negligence led to mother's death

By Noddy A. Fernandez | Mar 7, 2017

CHARLESTON — A Kanawha County woman is suing a Charleston health care facility, alleging reckless misconduct and wrongful death.

CHARLESTON — A Kanawha County woman is suing a Charleston health care facility, alleging reckless misconduct and wrongful death.

Ora Denise Scales, personal representative of the estate of Johnnie Mitchell, filed a complaint Feb. 13 in Kanawha Circuit Court against Eastbrook Center LLC, doing business as Eastbrook Center, and Stonerise Healthcare LLC, alleging they failed to provide adequate supervision, proper care and a safe environment to residents.

According to the complaint, on Oct. 19, 2015, Mitchell was admitted to Eastbrook Center for rehabilitation and assistance with her activities of daily living. During her residency, the suit says, she suffered multiple witnessed falls, resulting in generalized pain, complicated urinary tract infections with sepsis and fecal impaction, ultimately leading or contributing to her death April 14, 2016. As a result, Scales says she suffered mental pain, loss of companionship and incurred funeral expenses. 

The plaintiff alleges the defendants failed to keep Mitchell's family informed of her total health status and medical condition, failed to properly staff the facility, failed to provide proper supervision and failed to provide basic needs like food, liquid, toileting, cleaning and assistance with activities of daily living.

Scales seeks trial by jury, damages allowable under West Virginia law, attorney fees, punitive damages and all other equitable relief. She is represented by attorneys Andrew L. Paternostro, Jeff D. Steward and Shayla M. Rigsby of The Bell Law Firm, PLLC in Charleston.

Kanawha Circuit Court Case number 17-C-223

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