CHARLESTON – A man’s father claims negligent medical attention given to him in jail resulted in his death.
Russell Wartenburg, administrator of the estate of Mark Anthony Wartenburg, filed his complaint August 24 in Kanawha Circuit Court against PrimeCare Medical of West Virginia Inc. Russell Wartenburg is Mark's father.
“The medical care that is being provided to inmates in our regional jail system is atrocious,” attorney L. Dante diTrapano told The West Virginia Record. “Mark needed help desperately and was ignored. Being an inmate with medical issues doesn’t need to be a death sentence. This is the eighth such case we have filed this year.
diTrapano
“It’s shameful that PrimeCare profits millions each year at expense of the people they are contracted to treat.”
According to the complaint, Mark Wartenburg was arrested June 19, 2019, after allegedly threatening two employees of a Par Mar convenience store in St. Albans. The criminal complaint states Wartenburg was drinking and uncooperative. He was charged with two counts of assault and one count of assault on a police officer. He was transported to South Central Regional Jail.
The complaint states he had been incarcerated there four previous times and given intake screenings each time. During prior stays, Wartenburg had showed signs of mental illness and suicidal tendencies.
In the June 19, 2019, screening, it was noted Wartenburg “was acting erratic and answering questions with ‘nonsense answers.’”
“Wartenburg was never cleared or seen by a mental health provider,” the complaint states.
After complaining of pain in his right rib cage, he was given an x-ray. Two days later, he complained of chest pain. The complaint says he tried to contact staff to be transported to the medical unit for treatment.
“Other inmates housed in the same section as Mr. Wartenburg heard his cries for help and attempted to contact WVDCR staff,” the complaint states. “However, no one assisted Mr. Wartenburg.”
When staff eventually checked on him, he was unresponsive in his cell with no pulse. After attempts to revive him, Wartenburg was pronounced dead at 11:37 a.m. on June 29, 2019. An autopsy listed the cause of death as a ruptured aortic valve due to endocarditis.
The plaintiff says PrimeCare is guilty of medical malpractice and negligence as well as vicariously liability for the negligent and tortious conduct of its employees. He also accuses PrimeCare of negligent hiring, retention and supervision. He says PrimeCare and its employees breached its duty of care and committed negligent conduct by improperly treating Wartenburg.
He says PrimeCare also failed to properly identify and treat Wartenburg’s severe mental illness, which included a prior diagnosis of schizophrenia; failed to properly diagnose his ongoing chest pain; released him from suicide watch; failed to refer him for emergency psychiatric and medical assessment; failed to appreciate the seriousness of his condition and promptly respond to his diminished mental and physical health; and was otherwise negligent in his care and treatment.
Russell Wartenburg seeks compensatory damages for Mark Wartenburg’s pain and suffering, medical expenses and other losses. He also seeks punitive damages, pre- and post-judgment interest, court costs, attorney fees and other relief. He also seeks damages for sorrow and emotional suffering of the decedent’s beneficiaries as well as their loss of emotional support, society and companionship.
He is being represented by diTrapano, Benjamin Adams and Bradley Dunkle of Calwell Luce diTrapano in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 20-C-713
