CHARLESTON – A man is suing Genesis Healthcare after he claims the nursing home was negligent and caused the death of his mother.

Heritage Center, John Does 1 through 10 and Unidentified Entities 1 through 10 were also named as defendants in the suit.

Anna Roy was admitted to Heritage Center from Jan. 23, 2012, until Aug. 7, according to a complaint filed Dec. 4 in Kanawha Circuit Court.

Thomas Roy II claims the defendants failed to discharge their obligations of care to his mother and caused her to suffer from maggots, falls, fractures, sub arachnoid hemorrhage and, ultimately, her death.

The defendants were aware of the systemic staffing problems at Heritage Center and failed to fix the issues, according to the suit.

Thomas Roy claims the defendants were negligent and failed to provide the appropriate oversight, management, direction and/or control, which resulted in poorly operated nursing homes and devastating injuries to residents.

The defendants failed to provide Anna Roy with adequate and appropriate care, according to the suit.

Thomas Roy claims the defendants owed a duty to residents to exercise reasonable care in providing oversight and management of the nursing homes they owned, operated, managed and/or controlled.

Anna Roy died on Aug. 7, according to the suit.

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

The case is assigned to Circuit Judge James Stucky.

Kanawha Circuit Court case number: 17-C-1651

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