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WEST VIRGINIA RECORD

Friday, April 19, 2024

Man sues AMFM for nursing home negligence

Medical malpractice 02

CHARLESTON – A man is suing AMFM LLC after he claims it caused his wife injuries and, eventually, her death.

 

Commercial Holdings Inc.; Manzanita Holdings LLC; Lifetree LLC; Wineberry LLC; Cabell Health Care Center; Todd Jones; John Elliot; John Does 1 through 10; and Unidentified Entities (as to Cabell Health Care Center) were also named as defendants in the suit.

 

Lula Jarvis was a resident of the defendants’ nursing facility from Oct. 27, 2015, through Nov. 14, according to a complaint filed April 27 in Kanawha Circuit Court.

 

Rodney Jarvis claims Lula Jarvis died as a result of her injuries suffered at the nursing facility on Nov. 28.

 

The defendants were well aware of Lula Jarvis’ medical condition and the care that she required when they represented that they could adequately care for her needs, according to the suit.

 

Rodney Jarvis claims that they defendants made affirmative representations to the family that the appropriate level of care would be provided when the defendants knew, because of budgetary restrictions on staffing and supplies, that residents would not get the necessary care.

 

Lula Jarvis suffered from falls, trauma and, eventually, her death, according to the suit.

 

Rodney Jarvis claims the defendants are directly liable for the acts and/or omissions due to the direct control, ownership and/or management of the operations of Cabell Health Care Center.

 

The defendants were negligent; committed medical malpractice; committed malice and/or gross negligence; committed fraud; and violated the West Virginia Consumer Credit and Protection Act, according to the suit.

 

Rodney Jarvis is seeking compensatory and punitive damages. He is being represented by James B. McHugh, Michael J. Fuller Jr. and Kendra R. Fokakis of McHugh Fuller Law Group.

 

Kanawha Circuit Court case number: 17-C-596

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