CHARLESTON – The estate of an incarcerated man says he wasn’t given proper medical care, which resulted in him having cancer and leading to his death.
Robin Campbell, administratrix of the estate of Robbie Campbell, filed her complaint April 15 in Kanawha Circuit Court against Wexford Health Sources Inc., the West Virginia Division of Corrections and Rehabilitation, Dr. David Allen Proctor and Registered Nurse Kimberly Paton. Robin Campbell is Robbie Campbell’s daughter.
“This case is another example of just how atrocious the medical care is in West Virginia jails and prisons,” attorney L. Dante diTrapano told The West Virginia Record. “Mr. Campbell’s death was easily preventable if the medical staff at Wexford Health would have demonstrated even a modicum of medical skill or compassion.”
diTrapano
According to the complaint, Robbie Campbell was incarcerated at Huttonsville Correctional Complex in Randolph County in 2010. He was a disable coal miner and a preacher who pleaded guilty in 2010 to one count of murder in the shooting death of neighbor Thomas Adkins. Campbell said he was defending his family.
Campbell was in his late 50s when he entered the correctional system, but the complaint says he never was provided the recommended preventative health care screenings.
As early as 2015, lab work showed Campbell’s red blood cell distribution width was high and that his microalbumin level was high. The complaint say he also had reported having constipation and hemorrhoids. Prison medical records show similar lab work as well as constipation, rectal bleeding, pain in his rectum and bleeding with bowel movements.
Records also show several grievances he filed requesting outside medical testing and treatment, stating he had a family history of colon cancer, according to the complaint.
On June 6, 2017, Campbell was sent to Davis Medical Center after losing consciousness at the prison. Davis Medical Center records reflect a six-month history of rectal bleeding and anemia requiring a transfusion, and a colonoscopy showed a mass in his rectum. Six days later, an MRI revealed an abnormal heterogenous rectal mass.
In July 2017, it was discovered Campbell had an invasive adenocarcinoma. Despite chemotherapy, his cancer continued to spread. He died May 31, 2020.
The estate accuses Wexford, Proctor and Paton of medical malpractice and negligence for breaching their duty of care for Campbell, and it accuses the state DOC of malicious conduct and negligence for failing to take proper steps to care for Campbell despite knowing his medical condition.
It also accuses Wexford of vicarious liability, and it accuses all defendants of loss of consortium as well as intentional and negligent infliction of emotional distress. It accuses Wexford and the DOC of negligent hiring, retention and supervision as well as civil conspiracy to “set up a medical system within the prison system that is designed to decrease the expenses of the State of West Virginia and maximize profits of for-profit prison medical companies such as Wexford while depriving inmates of life-saving medical treatment.”
The estate seeks compensatory damages for Campbell’s pain and suffering prior to his death, sorrow and emotional suffering of his beneficiaries, loss of emotional support and companionship for his beneficiaries, pre- and post-judgment interest, attorney fees, court costs and other relief.
The estate is being represented by diTrapano, Amanda J. Davis and Benjamin D. Adams of Calwell Luce diTrapano in Charleston. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 22-C-290
