West Virginia Record

Wednesday, April 1, 2020

Woman sues Mound View Health Care for nursing home negligence

By Kyla Asbury | May 25, 2017

Medical malpractice 01

MOUNDSVILLE – A woman is suing Mound View Health Care for nursing home negligence her family member suffered.


Lynda Kirk, John Does 1 through 10 and Unidentified Entities 1 through 10 (as to Mound View Health Care) were also named as defendants in the suit.


Mary Biery was a resident of Mound View Health Care from July 11, 2008, through Jan. 1, 2016, according to a complaint filed May 3 in Marshall Circuit Court.


Bonnie Davis claims Biery suffered personal injuries and died on Jan. 4, 2016.


The defendants were well aware of Biery’s medical condition and the care that she required when they represented that they could adequately care for her needs and made affirmative representations to the family that the appropriate level of care would be provided when the defendants knew that, because of budgetary restrictions on staffing and supplies, residents would not get the necessary care, according to the suit.


Davis claims Biery suffered from falls, head trauma, a subdural hematoma and, ultimately, her death.


The defendants were negligent and violated West Virginia code and the West Virginia Consumer Credit and Protection Act, according to the suit.


Davis is seeking compensatory and punitive damages. She is being represented by James B. McHugh, Michael J. Fuller Jr. and D. Bryant Chaffin of McHugh Fuller Law Group.


Marshall Circuit Court case number: 17-C-69

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Organizations in this Story

McHugh Fuller Law Group, PLLCMarshall Circuit Court