BECKLEY — A federal lawsuit seeks to hold PrimeCare and the correctional staff accountable for their alleged negligence and failure to provide adequate medical care to an inmate, resulting in his death while in custody at Southern Regional Jail.
Richard Jay Wriston, on behalf of the estate of Richard Jason Wriston, filed the lawsuit against the West Virginia Division of Corrections and Rehabilitation, PrimeCare Medical and 16 employees for his son's death while in custody.
Richard Jason Wriston was a pre-trial detainee who was in the custody of the WVDCR and incarcerated at SRJ.
The plaintiff alleges that PrimeCare failed to provide adequate medical and mental health care to Richard Jason Wriston, ultimately leading to his death.
PrimeCare's contract with WVDCR included provisions for staffing levels and the quality of care to meet or exceed industry standards, according to the suit. This included medical, mental health, dental, optometry, auditory, pharmaceutical and diagnostic services.
However, the lawsuit alleges that PrimeCare did not fulfill these obligations during Richard Jason Wriston's incarceration in 2022.
Richard Jason Wriston was admitted to SJR on March 13, 2022, where he was placed in Holding Cell 1 for observation.
Due to his inability to stand for a body scan, he was taken to the booking bathroom for a physical search, according to the suit.
The plaintiff claims at this point, a medical assistant, Amber Duncan, who lacked formal medical training, attempted to take Richard Jason Wriston's vitals.
Despite expressing uncertainty about admitting him, no qualified medical personnel from PrimeCare were called to evaluate him, according to the suit.
As the night progressed, Richard Jason Wriston's condition deteriorated, and he was observed "flailing around" in his cell, hitting his head off the wall.
Correctional staff made comments indicating concern about his behavior, but no medical assistance was provided, according to the suit.
The plaintiff claims despite his escalating symptoms, including high blood pressure and agitation, Richard Jason Wriston was left unattended and not given proper medical care.
Throughout the night and into the next day, Richard Jason Wriston's condition worsened. He was eventually placed in a restraint chair due to his continued erratic behavior. Medical staff attempted to check his vital signs, but his movements made it difficult to obtain accurate readings.
Despite his worsening state and observations of blood in the cell, no medical attention was sought for Richard Jason Wriston's injuries and condition.
Finally, after hours of continued distress, medical personnel were called, and Richard Jason Wriston was found to be unresponsive. CPR was initiated, but he was pronounced dead shortly after arrival at Beckley Appalachian Regional Hospital (BARH).
The lawsuit alleges that PrimeCare and the correctional staff at SRJ failed to provide appropriate and timely medical care to Richard Jason Wriston, as required by their contract and industry standards.
The autopsy report cited drug overdose as the cause of death, with contributing factors including cardiac arrest, sepsis, rhabdomyolysis and blunt force injuries to the head.
The lawsuit mentions an internal investigation by WVDCR, which found that correctional staff did not take timely action to prevent Richard Jason Wriston from causing self-inflicted injuries and engaged in inappropriate behavior toward him.
Richard Jay Wriston is seeking compensatory and punitive damages. He is represented by Stephen P. New and Emilee B. Woolridge of Stephen New & Associates; Paul Rook of Roop Law Office; and Mark R. Staun of Hartley Law Group.
The attorneys did not respond to requests for comment.
U.S. District Court for the Southern District of West Virginia case number: 5:24-cv-00097