CHARLESTON – The mother of a woman who died in the Western Regional Jail blames officials for not providing her with proper care.
Donna Hughes, administratrix of the estate of Brittney Horner, filed the complaint July 10 in Kanawha Circuit Court against PrimeCare Medical of West Virginia Inc. and the West Virginia Division of Corrections and Rehabilitation.
“Brittany Horner is yet another casualty of the utter incompetence of PrimeCare Medical,” attorney L. Dante diTrapano told The West Virginia Record. “Even every non-medical person knows that documented vitals of elevated blood pressure, soaring heart rate, high temperature, vomiting and severe headaches requires the immediate transfer to a higher care facility.
diTrapano
“PrimeCare’s employees left Brittany in her cell to die just four days after she was booked in the jail despite her begging to go to the hospital.”
According to the complaint, Horner was incarcerated at the Western Regional Jail in Barboursville on May 13, 2019. She had turned herself in following a drug-related violation of supervised release.
During her intake screening, Horner said she had a history of hepatitis C, injuries from a traffic accident that caused migraines and a history of methamphetamine and marijuana abuse.
The complaint goes on to say Horner presented to the medical unit at the jail just before midnight on May 15, 2019, complaining of nausea and vomiting. A PrimeCare Medical nurse noted diaphoresis and attributed the condition to detox.
A PrimeCare doctor evaluated her as well and noted complaints of headaches, bitemporal congestion, cough and upper abdominal pain. He attributed the symptoms to “withdrawing from meth and heroin.” The doctor’s treatment plan was to “observe in medical for next couple of days and re-assess if changes.”
The next day, another PrimeCare nurse assessed Horner and noted that she complained of pain, nausea and vomiting. Her temperature, pulse and blood pressure all were up slightly from the day before. Horner also asked to be taken to a hospital, but she was given ibuprofen and was to remain in the medical unit until cleared by a doctor.
On May 17, 2019, Horner was found lying on the floor of her cell repeatedly asking for help from the nursing staff and again asked to be sent to another medical facility.
On the morning of May 18, 2019, a nurse said Horner was lying naked on the floor of her cell crying for help. A few hours later, she was moved to another cell. Later in the day, another nurse noted that she was lying naked on the floor of her cell.
Just after midnight on May 19, 2019, a corrections officer called for a PrimeCare nurse when he saw Horner lying face down in her cell not moving. The nurse turned her over, observed no pulse and began trying to resuscitate her. She also was given three doses of Narcan. EMS arrives a few minutes later, but refused to administer treatment because Horner was mottling and already deceased.
Hughes accuses PrimeCare Medical of medical malpractice and negligence as well as vicarious liability. She accuses the Division of Corrections and Rehabilitation of malicious conduct and negligence. Also, she accuses both defendants of violation of clearly established laws as well as negligent hiring, retention and supervision.
She seeks compensatory damages for Horner’s pain and suffering prior to death, the sorrow and emotional suffering of Horner’s wrongful death beneficiaries, loss of emotional support, society and companionship to Horner’s beneficiaries, pre- and post-judgment interest, attorney fees, court costs, expenses and other relief. She also seeks punitive damages from PrimeCare.
Hughes is being represented by diTrapano and Benjamin D. Adams of Calwell Luce diTrapano of Charleston as well as William C. Forbes and W. Jesse Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 20-C-582
