Man sues Genesis Healthcare for family member’s death

By Kyla Asbury | Jul 11, 2017

CHARLESTON – A man is suing Genesis Healthcare after he claims it is responsible for the injuries and death of a family member.

201 Wood Street Operations LLC: Nella’s Inc.; Nella’s Nursing Home Inc.; Thomas Eidell Sr.; Shasta Eidell; Sistersville Center and Nella’s Nursing Home; John Does 1 through 10; and Unidentified Entity 10 were also named as defendants in the suit.

On June 10, 2016, Blaine Smith, at the age 69 was admitted to Sistersville Center and then moved to Nella’s Nursing Home, where she remained a resident until Dec. 17, 2016, according to a complaint filed June 2 in Kanawha Circuit Court.

Brandice Walton claims the defendants were aware of Smith’s medical condition and the care that she required when they represented that they could adequately care for her needs.

Smith suffered weight loss, elopement, pneumonia, sepsis, dehydration and, eventually, her death, while under the care of the defendants, according to the suit.

Walton claims the defendants were aware of the dangerous environment that was created by their methods of management and/or control at all of their facilities and of the harm caused to the residents.

The defendants violated the West Virginia Consumer Credit and Protection Act by misrepresenting themselves to the public at large as a nursing home that provided care in compliance with state and federal regulations, according to the suit.

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

The case is assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 17-C-776

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Kanawha Circuit Court McHugh Fuller Law Group, PLLC

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