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Friday, September 27, 2024

Estate blames EMS workers for woman's death

State Court
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/ | File photo

WINFIELD – The estate of a Putnam County woman blames EMS workers for her death.

Melinda McClure, administrator of the estate of Linda K. Casto, filed her complaint September 12 in Putnam Circuit Court against the Teays Valley Volunteer Fire Department Inc. as well as TVVFD emergency health care providers Jacob Elswick and Edwin Kiser.

McClure is Casto’s daughter. Casto was 80 years old.

According to the complaint, Casto was dining at a restaurant in Hurricane on October 13, 2022, when she began to choke on her food. Bystanders called 911, and the TVVFD dispatched an ambulance staffed by Elswick and Kiser. They arrived at 12:47 p.m. and found Casto unresponsive. Elswick and Kiser moved her to the ambulance where they established an IV and intubated Casto.

In the run report, Elswick and Kiser say they secured Casto’s airway by endotracheal tube and verified the secured airway by “Capnography (Waveform), Direct Visualization, Moisture in Tube.” The report also says the defendants were unable to hear respiratory sounds on either side of Casto’s chest.

They transported Casto to Charleston Area Medical Center’s Teays Valley Hospital for further care. She was transferred to CAMC-TV care at 1:07 p.m.

Hospital records show she arrived with esophageal intubation and “subsequent intubation was difficult because of the food debris.” Records also show Casto “had to undergo bronchoscopy to clear the airway.”

Casto did not regain consciousness. She was pronounced dead at 7:28 p.m. Her immediate cause of death was hypoxic ischemic encephalopathy.

The estate accuses the defendants of medical negligence for failing to provide reasonable medical care and for failing to exercise a degree of care, skill and learning required. The estate also accuses TVVFD of vicarious liability as well as negligent training and supervision.

McClure seeks compensatory damages for losses including pain and suffering, medical expenses, loss of support and companionship and other losses to Casto’s wrongful death beneficiaries. She also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees, expenses and other relief.

The estate is being represented by L. Dante diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston.

Putnam Circuit Court case number 24-C-169

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