HUNTINGTON — The parents of an intellectually challenged woman are suing RSCR West Virginia for her death.
Keith Moore and unknown, unnamed employees for RCSR West Virginia were also named as defendants in the suit.
Elizabeth Ann Smith and James M. Smith, as co-administrators of the estate of Lisa Ann Smith, filed the lawsuit alleging that their daughter was supposed to have care 24 hours per day for her safety, according to a complaint filed in Cabell Circuit Court.
The plaintiffs claim Lisa Smith moved into RSCR's Chafin Group Home in June 2016 and the defendants were to have safety protocols in place for Lisa Smith to protect her and other developmentally disabled individuals in the home from sustaining injuries.
"The Defendants knew or should have known that failure to follow the safety protocols established for an individual like Lisa Ann Smith, would result in injuries or death," the complaint states.
On Oct. 31, 2020, Lisa Smith sustained a fall at Chafin Group Home and was left unattended, unsupervised and unmonitored for an unknown length of time, according to the suit.
The Smiths claim Lisa Smith was found unresponsible and barely breathing and was transported to St. Mary's Medical Center with low oxygen levels. She died on Nov. 7, 2020.
Following her death, the West Virginia Human Resources Offices of Health Facility Licensure and Certification performed an investigation and found multiple deficiencies in the defendants, including employees sleeping on shifts and not monitoring Lisa Smith, as well as her being wrapped in a makeshift mechanical restraint, information not being reported and not receiving timely emergency care, according to the suit.
"Following Lisa Ann Smith's death, evidence revealed that attempts were made to fraudulently conceal the lack of training of the employees and/or staff at the Chafin Group Home by backdating training documents," the complaint states.
The Smiths are seeking compensatory and punitive damages. They are represented by Robert B. Warner and Andrew D. Byrd of Warner Law Offices in Charleston.
The case is assigned to Circuit Judge Alfred Ferguson.
Cabell Circuit Court case number: 23-C-107
