HUNTINGTON – A registered nurse says the skid-resistant shoe covers she was required to wear while working on a COVID ward caused her to slip and injure herself.
Melissa Dangerfield, who lives in Putnam County, filed her complaint in federal court against ICP Medical LLC and Concordance Healthcare Solutions LLC.
According to her complaint, Dangerfield was working at the Hershel “Woody” Williams VA Medical Health Center in Huntington on the dedicated COVID floor providing care to patients.
She says VA Hospital staff working that floor were required to wear extensive, single-use protective equipment, including shoe covers. The equipment was provided by the VA Hospital.
The shoe covers in question had a “non-skid pattern” and were procured by the VA Hospital from ICP Medical. Concordance delivered the shoe covers to the VA.
On June 28, 2021, Dangerfield said she began a night shift in the COVID ward. She put the shoe covers on over her work shoes, which were slip-resistant work Crocs.
During the shift, she was in a patient room collecting food trays. When she turned around, she says she planted her left foot. But, she says her left foot slipped from underneath her, causing her to fall hard on her left side.
Dangerfield says she suffered severe injuries to her left hip and shoulder and damage to her left ulnar nerve that has created consistent pain and numbness in her left hand from her fingertips up her left arm.
She says she her damages include pain and suffering, medical expenses, lost income, services, protection, care, assistance, society, companionship, consortium and other damages.
Dangerfield accuses the defendants of breach of warranty, negligent design and manufacture as well as negligent warning and distribution and strict product liability.
She seeks compensatory and punitive damages as well as court costs, attorney fees, pre- and post-judgment interest and other relief.
In separate answers, both defendants deny the allegations and seek to have the case dismissed.
Dangerfield is being represented by L. Lee Javins II and David A. Bosak of Bailey Javins & Carter in Charleston. ICP Medical is being represented by Timothy Mayo and Mark McGhee of Flaherty Sensabaugh Bonasso in Charleston, and Concordance is being represented by Mayo and McGhee of Flaherty Sensabaugh Bonasso and by Johnnie E. Brown of Pullin Fowler Flanagan Brown & Poe in Charleston. The case has been assigned to District Judge Robert C. “Chuck” Chambers.
U.S. District Court for the Southern District of West Virginia case number 3:22-cv-00088