Estate administrator files suit against Lincare over delivery of oxygen tanks

By Louie Torres | Dec 29, 2017

HUNTINGTON – A Milton woman has filed suit against a medical supply company over allegations that its failure to deliver a full order of oxygen tanks led to the death of her decedent.

Bonita Tomblin, as administratix of the estate of Dewey Tomblin, filed a complaint Nov. 21 in Cabell Circuit Court against Lincare Inc. alleging breach of contract.

According to the complaint, Dewey Tomblin had a contract with the defendant for the defendant to deliver, maintain and supply him with oxygen tanks. The suit states that the defendant only delivered six portable oxygen tanks instead of 14 on Dec. 29, 2015.

According to the suit, on Jan. 4, 2016, Dewey Tomblin's electronic oxygen machine malfunctioned and he had no other source of oxygen because of the shortage of tanks and the defendant's failure to repair his second stationary oxygen machine. The plaintiff alleges Dewey Tomblin was hospitalized and then died Dec. 2, 2016, as a result of the health complications following the hospitalization.

The plaintiff holds Lincare Inc. responsible because the defendant allegedly failed to deliver enough oxygen tanks and failed to repair or replace the second stationary oxygen machine.

The plaintiff requests a trial by jury and seeks judgment against the defendant for consequential, general and punitive damages, court costs, interest and any further relief the court grants. She is represented by James D. McQueen Jr. and Chelsea R. Bailey of McQueen Davis PLLC in Huntington. The case has been assigned to Circuit Judge Gregory L. Howard Jr.

Cabell Circuit Court case number 17-C-651

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