CHARLESTON — A Kanawha County woman is suing the West Virginia Office of the Chief Medical Examiner for taking more than two years to issue her infant child's death certificate.
Audrey Litton's infant daughter, Gracan Monk, died on March 23, 2017, when she was only nine months old, according to a complaint filed in Kanawha Circuit Court.
Litton claims after Monk died, OCME was tasked with performing an autopsy and toxicology screening to determine how Monk had died. However, shortly after her death, OCME released a death certificate that only stated the cause of death was pending.
The plaintiff made numerous requests for more than two years, asking OCME for a final death certificate because she sought closure regarding the circumstances surrounding her daughter's death, but she was repeatedly denied, according to the suit.
Litton claims her daughter's autopsy was improperly handled and it wasn't until 25 months after her death that she finally received a death certificate for her daughter that was backdated to March 29, 2017.
"At all times...OCME engaged, and continued to engage, in a course of tortious conduct causing injury to Ms. Litton," the complaint states.
Litton claims she has suffered injuries as a result of OCME's actions in taking more than two years to provide her with her daughter's final death certificate.
OCME mishandled the autopsy and subsequent reporting of its findings, which caused Litton to suffer emotional distress and not receive closure after her daughter's death, according to the suit.
Litton claims OCME was negligent in failing to complete to autopsy and issue a final report in a reasonable amount of time.
Litton is seeking compensatory damages with pre- and post-judgment interest. She is represented by Timothy D. Houston and Kathy A. Brown of Brown Houston PLLC in Charleston.
The case is assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court Case number: 19-C-1106
