HUNTINGTON – A woman is suing River Park Hospital after she claims she was injured while performing her job duties.
HHC River Park Inc. is doing business as River Park Hospital.
Universal Health Services Inc. was also named as a defendant in the suit.
Stacy Rudd was employed by the defendant as a Mental Health Technician II and her duties included patient care, monitoring patients and providing a safe and therapeutic environment for the patients, according to a complaint filed in Cabell Circuit Court.
Rudd claims prior to April 20, 2015, Patient “A” was transferred and placed at River Park and had a known history of demonstrating physical violence, abuse and extreme aggressive behavior toward others, posing a risk of danger to all persons in the facility.
Also prior to April 20, 2015, Patient “A” engaged in violent and severe behaviors on numerous occasions at the defendants’ facility and Rudd and other staff members had documented their complaints and concerns about the patient, according to the suit.
Rudd claims despite the prior safety complaints and concerns, the defendants took no action to correct, remedy and/or remove the unsafe condition presented by Patient “A’s” continued demonstration of extreme violent and severe behaviors, exposing all staff members and patients to imminent danger and at a high degree of risk and a strong probability of serious injury.
On April 20, 2015, Rudd became aware of a violent situation in the residential common area where Patient “A” was acting physically aggressive toward other patients and a staff member and, as part of her job duties, she went to the area and attempted to intervene, according to the suit.
Rudd claims Patient “A” was flipping tables and throwing items, including a chair, which placed her ad other patients in imminent danger, so she called for a “Code White,” which is a request for an emergency response by the facility.
The plaintiff was initially informed by her supervisor to see if she could get the situation under control first and, if not, reinforcement would be sent, according to the suit.
Rudd claims as the situation continued to escalate and Patient “A” continued to increase her violent physical aggression, Rudd was knocked to the floor. She claims when she looked up, three staff members were standing there and not assisting her in any way.
As a result of the incident, the plaintiff completed an incident report, sought medical treatment and timely filed a West Virginia Workers’ Compensation claim for the injuries she sustained to her shoulder, neck and jaw, which resulted in surgical intervention, according to the suit.
Rudd claims after undergoing conservative treatment modalities, surgery and physical therapy, she presented to a Workers’ Compensation medical examination that was performed by Dr. P. Mukkamala, who opined in his Jan. 27, 2016, report that Rudd sustained a permanent injury from the incident and to return to work at a light physical demand level for two months, then to full duty.
Despite her injuries, physical limitations and continued symptoms, Rudd returned to work for the defendants, but she had difficulty performing all of her job functions as a result of her injuries and she was forced to resign from her employment, according to the suit.
Rudd is seeking compensatory and punitive damages. She is being represented by D. Blake Carter Jr., J. Ryan Stewart and Taylor M. Norman of Bailey Javins & Carter.
The case is assigned to Circuit Judge Alfred E. Ferguson.
Cabell Circuit Court case number: 17-C-254
