CHARLESTON – A Raleigh County woman blames inadequate jail healthcare for the death of her fiancé by cancer.
Stephanie Lynn Ashley filed her complaint on behalf of the estate of Eddie D. Williams Jr. on July 24 in Kanawha Circuit Court against PrimeCare Medical of West Virginia Inc. and the West Virginia Division of Corrections and Rehabilitation.
“The medical care that is being provided to inmates in our regional jail system is atrocious,” Dante diTrapano, one of the attorneys representing the plaintiff, told The West Virginia Record. “Eddie never had a chance. His obvious melanoma required an immediate consultation with an Oncologist. PrimeCare ignored Eddie’s cancer and his death was awful, excruciatingly painful, yet avoidable.
“It’s shameful that PrimeCare profits millions each year at expense of the people they are contracted to treat.”
According to the complaint, Williams was incarcerated on December 21, 2018, at the Southern Regional Jail in Raleigh County on a trespassing charge. In February 2019, Williams began to complain to PrimeCare and jail staff about changes to a mole on his back.
On March 4, 2019, he was seen by the medical unit at the jail. An off-site dermatology referral for a biopsy was recommended. But, according to the complaint, the dermatology appointment was canceled.
A few weeks later during a mental health assessment, Williams again expressed worry about the mole. On April 3, 2019, the biopsy was rescheduled for the following Monday.
On April 29, 2019, Dr. Humayan Rashid saw Williams and diagnosed it as nevus with recent enlargement. He prescribed Bactrim DS and a follow-up in 10 days.
By May 24, 2019, PrimeCare staff noted the wound on Williams’ back was about the size of a baseball in circumference with yellow drainage as well as “swollen, red, warm to touch.”
On June 10, 2019, Rashid saw Williams again and raised suspicion of an underlying cyst. He scheduled a surgical appointment, but no follow-up occurred.
On July 2, 2019, Williams was taken to the Southern West Virginia Clinic in Beckley for treatment. An excision was scheduled for July 16, 2019. But that appointment was canceled by PrimeCare staff after they could not confirm the appointment.
On July 19, 2019, Dr. David Stuart examined Williams and did a punch biopsy to see if the lesion was malignant. The pathology report received three days later showed malignant melanoma.
The excision didn’t occur until August 13, 2019. That’s when Williams learned he was suffering from stage 3 melanoma.
In an August 26, 2019, court filing, Raleigh County Prosecuting Attorney Kristin Keller said Williams was receiving proper wound care at the jail and would receive proper care at Beckley Appalachian Regional Hospital as needed and that his incarceration had no detrimental impact on his condition, treatment or prognosis.
On September 10, 2019, Stuart performed a re-excision. That pathology report showed malignant melanoma, nodular-type in vertical growth phase. Three days later, Stuart called PrimeCare and told them Williams needed to see an oncologist as soon as possible. The appointment was made for three days after that.
By October 14, 2019, Williams had large black knots under his skin across the entire span of his shoulders. His cancer had metastasized to his liver. The next day, he was released from Southern Regional Jail. Three days after that, he started his first cycle of nivolumab.
By November 8, 2019, Williams was showing signs of sepsis, elevated liver and pancreatic enzymes and abdominal pain. He was admitted to Beckley ARH. An x-ray showed a suspiciou mass in the right upper lobe of his lung.
Williams died December 4, 2019, at ARH. The cause of death was acute heart/respiratory failure with metastatic melanoma and lung mass.
Ashley accuses PrimeCare of medical malpractice, negligence and vicarious liability. She accuses the state of malicious conduct and negligence. She accuses both defendants of negligent hiring, retention and supervision as well as violation of clearly established laws.
She seeks compensatory damages for Williams’ pain and suffering before his death; sorrow and emotional suffering of his beneficiaries; loss of emotional support, society and companionship; pre- and post-judgment interest; attorney fees; court costs; other expenses and other relief. She also seeks punitive damages.
She is being represented by diTrapano, Benjamin D. Adams and Bradley D. Dunkle of Calwell Luce diTrapano in Charleston 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-617
