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Suit claims 5-year-old boy was taken into foster care, died in Highland-Clarksburg Hospital

WEST VIRGINIA RECORD

Thursday, November 21, 2024

Suit claims 5-year-old boy was taken into foster care, died in Highland-Clarksburg Hospital

Lawsuits
Justice

CHARLESTON — The mother of a five-year old boy who was in state custody and died in the hospital is claiming negligence. 

Joy Williams as administratrix of the Estate of Colten Facemire filed a complaint in Kanawha Circuit Court against WV DHHR, Highland-Clarksburg Hospital Inc., and others alleging medical malpractice and vicarious liability and negligence. 

Facemire, who was five years old at the time, had a medical history of febrile seizures caused by a spike in body temperature and was in the legal custody of the WV DHHR. Facemire was taken to Braxton County Memorial Hospital on Jan. 5, 2018 due to a high fever. He was then transferred to Highland-Clarksburg Hospital where he died two days later from a seizure. Williams claims the health care facilities failed to monitor Facemire's known medical condition of seizures and treated him with only Tylenol for his fever. 

Williams seeks monetary relief, interest, trial by jury and all other appropriate relief. She is represented by Robert Cline, Jr., Robert Campbell and R. Chad Duffield of Farmer, Cline & Campbell PLLC in Charleston. 

Kanawha Circuit Court case number 20-C-12

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