BECKLEY – The estate of man under psychiatric care is suing Jan-Care Ambulance of Fayette County, blaming one of its crews for allowing him to refuse treatment hours before he was struck and killed by a train.
Heather G. Harlan, sister and personal representative of Norman R. Harlan II, filed her complaint April 25 in Raleigh Circuit Court against Jan-Care, which has a primary place of business in Raleigh County.
“JanCare ignored their own policies, medical standards, and common sense in dealing with a mental health patient off his medications,” attorney L. Dante diTrapano told The West Virginia Record. “This death was preventable.”
diTrapano
According to the complaint, a Jan-Care unit was dispatched via 911 just before midnight on February 28, 2021, to a home in Montgomery to transport Norman Harlan to Beckley Appalachian Regional Hospital. Harlan’s family had advised Jan-Care a bed already was waiting for him for admission because he was out of Lamictal and Wellbutrin and “was in significant psychiatric distress.”
During the transport, Harlan told the crew of Mobile Critical Care Paramedic Larry Reynolds and Emergency Medical Technician Leonard Jarrett that he did not want to go to the ER.
“There is no indication that the crew contacted the hospital where Mr. Harlan was to be admitted or contacted by any other physician regarding his ongoing significant psychiatric distress,” the complaint states. “Despite his ongoing significant psychiatric distress, Mr. Harlan was permitted to refuse treatment by Larry Reynolds, MCCP, at about 00:23 on 3/1/2021. There is no indication that the crew contacted Mr. Harlan’s family at this time; Mr. Harlan left the scene on foot.
“Later that morning, Mr. Harlan was found dead from blunt trauma to the head, having been struck by a train.”
The estate accuses Jan-Care of professional negligence for failing to comply with applicable standards of medical care. The family says it has suffered sorrow, mental anguish, loss of solace, companionship, comfort, guidance, kindly offices and advice of the decedent, loss of income, protection, care and assistance provided by him and expenses related to his death. In addition, they seek damages for the pain and suffering he endured before his death.
The estate also seeks punitive damages, special damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
The estate is being represented by diTrapano and David Carriger of Calwell Luce diTrapano in Charleston as well as by Booth Goodwin, Benjamin Ware and Stephanie Daly of Goodwin & Goodwin in Charleston. The case has been assigned to Circuit Judge H.L. Kirkpatrick III.
Raleigh Circuit Court case number 22-C-129