CHARLESTON – The mother of a late Jackson County man says improper medical care led to her son's death.
Stephanie Neiswenter, as personal representative of the estate of Justin C. Anderson, filed her complaint April 3 in Kanawha Circuit Court against Charleston Area Medical Center Inc., the West Virginia University Board of Governors, Jackson County EMS, Paramedic Richard Davisson, EMT Brittany Mundy and Paramedic Lori Pierson.
According to the complaint, Anderson was in an ATV accident February 20, 2021. He suffered a brain injury and was admitted to CAMC. He was there until he was discharged March 23, 2021. Shortly after his arrival home, Jackson County EMS was called because he was vomiting and having trouble breathing.
On the way to Jackson General Hospital, Johnson went into cardiac arrest, mostly likely because of aspiration. He was transferred to WVU Ruby Memorial Hospital. The complaint says he died of complications from the cardiac arrest on April 6, 2021.
The plaintiff accuses CAMC the WVU BOG of medical negligence and vicarious liability for negligently discharging Anderson when he still had significant medical risks. She accuses the Jackson County EMS of the same for negligently failing to intubate him and protect his airway. She accuses the three named defendants of professional negligence for deviating from reasonable and acceptable standards of care for failing to intubate him and protect his airway.
Neiswenter and the rest of Anderson’s family seeks damages for sorrow, mental anguish, loss of solace, companionship, comfort, guidance, kindly offices and advice of the decedent, loss of income, services, protection, care and assistance provided by Anderson and expenses related to his death. They also seek damages for Anderson’s pain and suffering before his death.
In addition, she seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by L. Dante diTrapano and David H. Carriger of Calwell Luce diTrapano in Charleston and by Richard D. Lindsay II and Dr. Richard D. Lindsay of Tabor Lindsay & Associates in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 23-C-283
