CHARLESTON – The estate of a man who was killed by his brother has sued CAMC, blaming the hospital for releasing the shooter who suffered from severe mental illness.
Paula Jones, administratix of the estate of Joshua A. Burdette, filed her complaint November 28 in Kanawha Circuit Court against Charleston Area Medical Center. Jones is the mother to both Joshua Burdette and Holdon Burdette, who killed his brother.
Holdon Burdette was charged with first-degree murder for the death of his brother, who was shot in the chest and pronounced dead at the scene on March 1, 2021.
diTrapano
“This mom lost both of her sons because CAMC failed to review their own records on Holden Burdette and treat Holdon’s blatant episode of mental illness,” attorney L. Dante diTrapano told The West Virginia Record, declining to comment further on the complaint.
According to the complaint, Holdon Burdette shot his 31-year-old brother less than 48 hours after he was discharged from CAMC General Hospital’s Emergency Department.
“CAMC knew that Holdon Burdette suffered from severe mental illness, as CAMC had treated Holdon Burdette for that very condition just five months prior over the course of a three-week inpatient stay,” the complaint states. “Despite having clear knowledge of Holdon Burdette’s severe mental illness, CAMC provided only a cursory examination and then discharged Holdon.
“Holdon Burdette continued to suffer in the grips of his untreated severe mental illness and, two days later, he fatally shot his own brother.”
The complaint details how Holdon Burdette was involuntarily committed to the adult psychiatrix unit at CAMC in October 2020. He was deemed incompetent to make medical decisions regarding his own treatment. Jones had called EMS after witnessing increasingly erratic behavior from Holdon Burdette over several weeks. She said she feared he would harm himself or others.
“Holdon was riding with his friend on an ATV, going ‘full throttle’ until Holdon’s friend had to use the emergency brake to stop them,” the complaint states. “When the friend asked what he was doing, Mr. Burdette broke down crying and said ‘he felt like everyone was going to leave him.’
“The friend believed that Holdon intended to kill both of them on the ATV.”
Jones said Holdon Burdette had lost his job, was having financial difficulties, had endured deaths of numerous close family members, had lost 20 pounds, had displayed numerous angry outbursts and was spending significant periods of time in his room with a pistol nearby.”
The complaint says Holdon Burdette refused to answer questions in the ER only by saying he was fine and asking if he could leave. Doctors and staff noted he was displaying abnormal behavior, was withdrawn and catatonic. One doctor noted he was “indeed suicidal and is suffering from a major depressive episode.”
When Holdon Burdette was placed under involuntary commitment, he became angry and tried to leave. He was placed in four-point restraints and was placed on suicide watch. After several electroconvulsive therapy sessions, staff said he became more cooperative and agreeable.
After 19 days of treatment, Holdon Burdette was discharged in stable medical and mental condition.
On February 27, 2021, Holdon Burdette’s father Mark Burdette called 911 to report a physical altercation between Holdon Burdette and Joshua Burdette. During the call, he noted Holdon had had mental problems before and said, “He needs another 30 days on the psych unit.”
When deputies arrived, they requested EMS. Holdon was transported to CAMC General’s ER. A doctor noted he had “substance induced delirium,” but no urine drug screen was performed. A doctor made a final diagnosis of “methamphetamine use” and discharged him about an hour after he arrived with no further treatment.
“While the October visit resulted in 19 days of intensive inpatient treatment, CAMC spent less than an hour on Holdon Burdette in February,” the complaint states. “Less than 48 hours after his discharge from CAMC, Holdon Burdette, while gripped by untreated severe mental illness, shot and killed his brother Joshua Burdette.”
The complaint accuses CAMC of medical negligence and vicarious liability. The estate seeks compensatory damages for Joshua Burdette’s pain and suffering prior to his death, the sorrow and emotional suffering of his beneficiaries and the loss of emotional support and companionship of his beneficiaries. It also seeks punitive damages, pre- and post-judgment interests, attorney fee, court costs, expenses and other relief.
The estate is being represented by diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston and by William C. Forbes and W. Jesse Forbes of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.
Tabit also is overseeing Holdon Burdette’s murder trial. In June, she granted a motion for another psychiatric evaluation of Burdette, who is now 23 and was charged with first-degree murder on the day his trial was scheduled to begin. His criminal defense attorney, Richard Holicker, said at the time that Holden Burdette refused to speak to him about the case, saying Holdon Burdette also had stopped talking to his family.
Kanawha Circuit Court case number 22-C-970