CHARLESTON – A former Southwestern Regional Jail inmate says staff failed to recognize signs of a stroke he had that left him permanently injured.
Ted A. Topeka Sr. filed his complaint October 11 in Kanawha Circuit Court against Wexford Health Sources Inc., the West Virginia Division of Corrections and Rehabilitation and some unnamed corrections officers.
Wexford is based in Pittsburgh and licensed to do business in West Virginia providing for-profit health care services to inmates in the state jail system.
diTrapano
“This is another incident where the atrocious medical care at our regional jails by Wexford caused permanent injuries to a patient,” attorney L. Dante diTrapano told The West Virginia Record.
According to the complaint, Topeka was incarcerated at Southwestern Regional Jail in Logan County on October 5, 2022, after receiving medical clearance from Wexford staff. During booking, Topeka says he told officers and medical staff he was prescribed medication for high blood pressure and a cardiac condition.
The Wexford intake form reflects a medical history of hypertension and open-heart surgery, and Topeka’s medical records from a previous incarceration at Southwestern also reflects a history of substance abuse and cardiac issues including a stent.
The complaint says it doesn’t appear Wexford requested Topeka’s records from his pharmacy. But an order for an 81 mg baby aspirin was requested for Topeka on October 6, but that request was denied by Wexford PA-C David Miller on October 12, according to the complaint.
Topeka says he felt bad on the evening he was admitted and asked about his prescription medication, but he says he didn’t receive it. The next day, he says he complained to staff about a headache. By the following day, he says he had a severe headache and told staff.
“By the afternoon of October 7, 2022, Mr. Topeka was confused and having difficulty with speech,” the complaint states. “Despite obvious signs of a medical emergency, corrections staff did not seek medical attention for Mr. Topeka.
“Despite his noticeable speech issues, facial drooping and confusion, Mr. Topeka was released by officers and/or employees of WVDCR at or near the Logan County Courthouse on October 12, 2022. Mr. Topeka did not have access to transportation. Mr. Topeka resides several miles from the Logan County Courthouse.”
Topeka called his attorney who noticed he was incoherent with severely slurred speech. The attorney recommended Topeka go to the emergency room, so he went to a nearby business to call his wife for transportation. The business owner noticed Topeka’s slurred speech and drove him to home where an ambulance was called. He was transported to Logan Regional Medical Center, which noted he was confused.
Hospital staff immediately began stroke protocol with a CT scan showing an emergent stroke. His NIH stroke scale score was 5. It was determined he was outside of the 4.5-hour window for tPA, so he was transferred to Charleston Area Medical Center for further evaluation and treatment.
Topeka says he suffers from permanent injuries as a result of jail and medical staff not recognizing and responding to signs and symptoms of a stroke.
He accuses Wexford of medical negligence, negligent training, negligent supervision, He accuses the DCR of negligent training, and he accuses the DCR and corrections officers of malicious conduct. He also accuses all of the defendants of deliberate indifference.
Topeka seeks compensatory damages for past and future lost or diminished household services as well as lost earnings and earning capacity. He also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees, expenses and other relief.
He is being represented by diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 24-C-1138