CHARLESTON — A man is suing the West Virginia Department of Health and Human Resources alleging a flawed investigation caused him to lose his job.
Mildred Mitchell Bateman Hospital, Olivia Susan Shields, Craig Richards, West Virginia Attorney General/Medicaid Fraud Control Unit, Nathan R. Lyle, Michelle Woomer, Teri Stone and Legal Aid of West Virginia were also named as defendants in the suit.
On Nov. 19, 2019, the West Virginia Public Employees Grievance Board found that the allegations of patient abuse and neglect by the defendants against Hisel Bailey were not proven and that Bailey is reinstated to his position as a registered nurse with back pay, according to a complaint filed in Kanawha Circuit Court.
Bailey claims an incident with a patient occurred on Jan. 7, 2019, and several days later after visiting the patient for another reason, Woomer, while not officially being assigned to investigate anything, began investigating why the patient had a black eye.
The patient alleged that Bailey had thrown him against the wall and/or the floor, despite video footage not showing that, according to the suit.
Bailey claims he was suspended pending investigation and Woomer submitted a report concluding that allegations of physical abuse against Bailey were substantiated and that he did not use the proper techniques during the Jan. 7, 2019, incident.
Bailey's employment was then terminated, according to the suit.
Bailey claims the investigation was flawed and insufficient and demonstrated Woomer's bias.
The plaintiff claims he made all reasonable efforts to keep the patient safe during the incident and "deliberately, intentionally, fraudulently and oppressively concluded that" Bailey physically abused the patient.
Bailey is seeking compensatory and punitive damages. He is represented by Scott H. Kaminski of Ray Winton & Kelley in Charleston.
The case is assigned to Circuit Judge Ken Ballard.
Kanawha Circuit Court case number: 22-C-145