West Virginia Record

Tuesday, January 28, 2020

Family sues Res-care for injuries

By From staff reports | Jan 27, 2018

Medical malpractice 06

CHARLESTON – Two women are suing Res-care after they claim it is responsible for their family member’s injuries.

Southern Home Care Services and Rescare Behavior Services were also named as defendants in the suit.

Dwan L. Brown was a resident of the personal care home owned by the defendants, according to a complaint filed in November in Kanawha Circuit Court and removed to federal court on Dec. 28.

Hollie J. Brown and Gloria Brown claim the defendants failed to follow the applicable standard of care on Nov. 4, 2015, which caused Dwan Brown to suffer a physical injury that resulted in medical treatment.

The defendants were to provide daily care, supervision and oversight to prevent Dwan Brown from having access to or swallowing foreign objects in his daily activities and failed to do so, according to the suit.

The Browns claim Dwan Brown suffered conscious pain and suffering, incurred medical expenses, suffered mental anguish and suffered physical injuries.

The defendants were negligent and breached the standard of care, according to the suit.

The Browns are seeking compensatory damages. They are being represented by Andrew S. Nason of Pepper & Nason.

The defendants are represented by Suleiman Oko-ogua and Unaiza Riaz of Bailey & Wyant.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-04629

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U.S. District Court for the Southern District of West Virginia Charleston Division