CHARLESTON – A man’s estate blames a hospital and staffers for his suicide after they allowed him to be discharged hours after a previous attempt.
Casey Dawn Hasty, as personal representative of the estate of Charlie Judd Collins, filed her complaint July 16 in Kanawha Circuit Court against the West Virginia Department of Health Facilities, Welch Community Hospital Inc. and Dr. James C. Salyers.
The WVDHF operated or directed the operations of the McDowell County hospital at the time of the incident. Hasty is Collins’ sister.
“The defendant hospital and doctor discharged our client’s brother from the hospital without a mental health evaluation after having attempted suicide just hours earlier,” attorney L. Dante diTrapano told The West Virginia Record. “This is the epitome of reckless indifference to the health of young Charlie Collins that resulted in his death.”
According to the complaint, the 27-year-old Collins was presented to the Emergency Department at Welch Community Hospital by his brother on the afternoon of May 22, 2023. He had attempted suicide earlier that day and had two oozing lacerations on his left forearm. He was not speaking and refused to answer questions, according to the complaint. When asked if he wanted to kill himself, Collins “just shrugged his shoulders,” the complaint states.
He was admitted under the care of Salyers and given antibiotics after his wounds were sutured, treated and bandaged.
That evening, nurse Chrystal G. Andrigo reported Collins asked when he could leave. She says she told him Salyers wanted to place him at an “appropriate facility” because of his suicide ideation. But she says Collins refused transfer.
“At this time, Mr. Collins lacked the capacity to refuse needed psychiatric care and treatment,” the complaint states.
After Andrigo explained the risks and benefits to Collins if he refused to stay and be treated, Collins signed Against Medical Advice forms. But the complaint says he didn’t sign the Consent to Refuse Examination, Treatment or Transfer form. It says he also didn’t check a box confirming the risks and benefits had been explained to him. HE was discharged and told to return in two days for suture removal.
After Collins was discharged, Andrigo called McDowell County 911 to report Collins had been discharged AMA after a suicide attempt.
“There is nothing in the medical record or the record of this telephone call that suggests that Mr. Collins was violent or physically threatening to any medical provider or staff member at Welch Community Hospital during his admission,” the complaint states. “Indeed, the apparent purpose of the call was to alert authorities that the hospital had just released a patient who posed a significant risk of self-harm.”
Collins was found dead from hanging on May 27, 2023, five days after his previous suicide attempt.
The estate accuses both the WVDHF and Welch Community Hospital of professional negligence and vicarious liability. It also accuses Salyers of professional negligence.
It seeks compensatory damages for sorrow, mental anguish, loss of solace, companionship, advice, loss of services and assistance as well as expenses related to his death and the pain and suffering he endured before his death. It also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano and David H. Carriger of Calwell Luce diTrapano in Charleston.
Kanawha Circuit Court case number 24-C-778
