CHARLESTON — A Powellton man is suing LNK LLC after he claims they mishandled his urine specimen and wrongly said he failed a drug test.
LNK LLC is doing business as Drug Testing Centers of America. Clinical Reference Laboratory Inc. was also named as a defendant in the suit.
James Blankenship went to the defendants' location on Aug. 17 for drug testing protocol that was part of his regular employment and after providing the urine sample, he was told the urine was "too clear" and could not be used.
He claims he offered a second sample, but was told the first sample was adequate after speaking with two unknown people, so Blankenship then began to leave, according to a complaint filed in Kanawha Circuit Court.
Blankenship claims he was then called back to the facility and the agent said, "I'm not supposed to do this but since you're here I'm going to," and then opened the first sealed collection bag, removed his sample, placed it in a second bag and changed something on his paperwork before sealing the second bag. He was then told he could leave.
Several days later he was told he failed the drug test and since he is not a drug user, he underwent a physical with a drug screen that he passed and provided to his employer.
Blankenship claims he was required to go through multiple drug testing procedures because of the original failed test, including a hair follicle screening and even though he passed those, he is unable to drive through is employer because of the original test.
Blankenship is seeking compensatory and punitive damages. He is represented by JB Akers of Akers Law Offices.
The case is assigned to the late Circuit Judge Charles King's seat. But Maryclaire Akers recently was appointed to fill that position, so the case was reassigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 21-C-143