West Virginia Record

Sunday, December 15, 2019

Estate administrator files suit against Cabell Health Care Center over resident's death

State Court

By Carrie Bradon | Sep 9, 2019

Medical malpractice 06

HUNTINGTON – A Cabell County health care facility is alleged to have failed to document the skin conditions of a former resident and that the resident's death of sepsis was caused by this alleged failure.

Cassie Via Clatworthy, executrix of the estate of John E. Via, filed a complaint in Cabell Circuit Court against Cabell Health Care Center LLC alleging wrongful death and other counts.

The suit states Via became a resident of the defendant's facility on Aug. 25, 2017. The suit states upon admission, it was noted he had a pressure ulcer on his body. 

The plaintiff alleges on Oct. 1, 2017, Via was found unresponsive in his room and was taken to a hospital, where it was noted he was in diabetic ketoacidosis and had a stage three pressure ulcer. He died on Oct. 10, 2017, the suit states, from sepsis due to the ulcer.

The plaintiff alleges the defendant failed to accurately and consistently document skin inspections and failed to implement appropriate decubitus ulcer prevention measures.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by William M. Tiano of Tiano O'Dell PLLC in Charleston.

The case has been assigned to Judge Gregory Howard Jr. 

Cabell Circuit Court Case number 19-C-344

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