CHARLESTON – A Marion County man alleges he had to undergo a more complex surgery because he was not provided proper medical care while in custody for a wound to his hand.
Shawn Heater filed a complaint in Kanawha Circuit Court against the Commissioner of Corrections, West Virginia Department of Military Affairs and Public Safety and Primecare Medical Inc. citing personal injury.
According to the suit, Heater was serving a sentence on home confinement when he cut his hand on Sept. 2, 2017. He alleges he sought treatment and was scheduled to have surgery on Sept. 12, 2017, to reattach several severed ligaments.
The suit states the plaintiff was arrested on Sept. 7, 2017, for allegedly violating his home confinement and was sent to the North Central Regional Jail and was not released until Oct. 5, 2017. He alleges it was too late to reattach the ligaments as planned, and he had to have a different type of surgery in February 2018.
The plaintiff alleges he "suffered severe pain and anguish because of the more complex surgery" that he required due to the delay of his initial treatment.
Heater seeks monetary relief of more than $60,000 and other just relief. He is represented by D. Conrad Gall in Fairmont.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 19-C-919