Man sues Genesis Healthcare for brother’s injuries, death

By From staff reports | Feb 23, 2018

CHARLESTON – A man is suing Genesis Healthcare after he claims it is responsible for his brother’s injuries and death.

Genesis WV Holdings; Diane Drive Operations; 2720 Charles Town Road Operations; John Does 1 through 10; and Unidentified Entities 1 through 10 were also named as defendants in the suit.

Charles Bartgas was a resident of Dawn View Center and Care Haven Center from Feb. 9, 2016, until April 10, 2016, according to a complaint filed in Kanawha Circuit Court.

Danny Bartgas claims he brother died on April 15, 2016, as a result of injuries he suffered at the defendants’ facilities.

During his residency at the defendants’ nursing home, Charles Bartgas suffered from falls, a subdural hematoma, pain and, eventually, his death, according to the suit.

Danny Bartgas claims the defendants were aware of the systemic problems within the nursing home relating to resident care and the defendants were directly liable for acts and/or omissions due to their control, ownership and/or management of the operations of Pierpont Center.

The defendants actions created a dangerous environment for all residents, including Charles Bartgas, according to the suit. The defendants were negligent in their care and violated various laws.

Danny Bartgas claims the defendants also violated the West Virginia Consumer Credit and Protection Act by knowingly and willfully misrepresenting themselves as a nursing home that provided care in compliance with state and federal regulations.

Danny Bartgas is seeking compensatory and punitive damages. He is represented by James B. McHugh, Michael J. Fuller Jr., D. Bryant Chaffin and Kendra R. Fokakis of McHugh Fuller Law Group.

The case was assigned to Circuit Judge James Stucky.

Kanawha Circuit Court case number: 17-C-1632

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Kanawha Circuit Court McHugh Fuller Law Group, PLLC

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