CHARLESTON — A woman is suing Fresenius Medical Care North American for her mother's injuries and, eventually, her death.
Gina Della Maggiore filed the lawsuit on behalf of the estate of Debra Perry against Fresenius USA Manufacturing, which is doing business as Fresenius Medical Care North America and Bio-Medical Applications of West Virginia alleging that Perry fell while she was at Fresenius between Feb. 20, 2020, and March 21, 2020, according to a complaint filed in Kanawha Circuit Court.
"The standard of care requires that the facility must provide each patient adequate supervisor and assistance devices to prevent accidents," the complaint states. "The record fails to demonstrate that the standard of care was met in regards to falls."
Maggiore claims Perry suffered a fall and then a left hip fracture and a fracture to her C2 vertebral body with extension on March 21, 2020.
Maggiore is seeking compensatory and punitive damages. She is represented by Charles M. Love IV of The Love Law Firm in Charleston.
The case is assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number: 21-C-336