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Co-executors sue home health agency for family member's death

WEST VIRGINIA RECORD

Thursday, December 19, 2024

Co-executors sue home health agency for family member's death

Federal Court
Doctor assistant 3579026 1920

Photo Courtesy of Pixabay

BLUEFIELD — Co-executors of the estate of a woman who died while receiving services from Princeton Community Homecare are suing for alleged negligence.

On Aug. 3, 2020, Wayne and Theresa Gearheart's decedent, Rosanna S. Barnhill, had surgery to reverse the placement of her colostomy bag and was released home on Aug. 6, 2020, with home health care, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.

The Gearhearts claim a home health nurse, Amy Henkes, employed by the defendant came to the home of the decedent on Aug. 7, 2020, and Barnhill told the nurse that she was in extreme pain, but was informed that such pain was normal.

"Upon information and belief, the nurse made no contact to a physician regarding Ms. Barnhill’s pain," the complaint states. "Plaintiff’s decedent continued to experience bad pain."

The Gearhearts claim on Aug. 9, 2020, she returned to the hospital emergency department, wherein they discovered that she was septic. Barnhill died on Aug. 11, 2020.

The plaintiffs claim the nurse deviated from reasonable and accepted standards of professional care for treating persons in the same condition as Barnhill, including failing to contact the attending doctor or send Barnhill to the hospital on Aug. 7, 2020.

These deviations from the standards of care were a proximate cause of Barnhill's death on Aug. 11, 2020, according to the suit.

The Gearhearts are seeking compensatory and punitive damages. They are represented by David H. Carriger and L. Dante DiTrapano of Calwell Luce DiTrapano in Charleston and Dr. Richard D. Lindsay and Ricard D. Lindsay II of Tabor Lindsay & Associates in Charleston.

U.S. District Court for the Southern District of West Virginia case number: 1:22-cv-00201

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