CHARLESTON —A woman is suing Herbert H. Thomas Memorial Association for her mother's injuries and death under their alleged care.
Herbert J. Thomas Memorial Association is doing business as Thomas Memorial Hospital.
Betty L. Stephens was a patient at Thomas Memorial from June 6, 2022, until June 11, 2022, according to a complaint filed in Kanawha Circuit Court.
Celia J. Andrews claims her mother fell while in the defendant's care on June 7, 2022, which resulted in a proximal right femoral fracture with an interchanteric component.
Stephens was not a candidate for surgical intervention and suffered in pain associated with the fracture until her death on June 11, 2022.
"Defendant Thomas Memorial Hospital...breached its duty to Plaintiff Betty L. Stephens by failing to provide the proper preventative measures to prevent Betty L. Stephens from suffering a fall on June 7, 2022, resulting in a proximal right femoral fracture with an intertrochanteric component," the complaint states.
As a direct and proximate result of the negligence of the defendant, Stephens sustained bodily injuries; pain and suffering; mental anguish and inconvenience; physical impairment; loss of capacity for the enjoyment of life; aggravation of existing diseases and physical defects; and incurred medical expenses, according to the suit.
Andrews claims the defendant was negligent and failed to properly staff the facility and failed to properly supervise Stephens. She claims the defendant failed to maintain the premises in a safe and secure manner.
"The actions and omissions...were willful and rise to the level of reckless, wanton disregard and punitive damages are warranted," the complaint states.
Andrews is seeking compensatory and punitive damages with interest. She is represented by Jeff D. Stewart, Andrew L. Paternostro, S. Andrew Stonestreet and Michelle L. Barker of Stewart Bell in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 23-C-569
