CHARLESTON – The mother of a Berkeley County woman says inadequate medical care in and out of jail led to the death of daughter.
Kimberly D. Bussard, as administrator of the estate of Morgan Elaine Bussard, filed her complaint May 6 in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation, unnamed correctional officers and WVDCR employees, the West Virginia University Board of Governors, Berkeley Medical Center and Wexford Health Services Inc., which provides medical care for state jails.
Morgan Bussard was 25 years old at the time of her death on May 8, 2023. She had a history of prior incarcerations at the Eastern Regional Jail dating back to 2018 and a history of substance abuse, including fentanyl, heroin and opiate abuse. She also had a history of hypertension and Type 1 Diabetes.
diTrapano
| Courtesy photo
“This is another example of our healthcare providers and regional jails not recognizing when a patient/inmate is in critical condition,” attorney L. Dante diTrapano told The West Virginia Record. “Morgan Bussard was 25 years old when she died needlessly.
“We look forward to holding everyone who failed this young lady and mother accountable.”
According to the complaint, Bussard was arrested May 5, 2023, by Martinsburg police officers for obstructing, resisting arrest and child neglect with risk of injury. They were responding to a call of suspected drug use by two women in a car with two children.
Bussard was taken to Berkeley Medical Center for medical clearance, noting she appeared to be in critical condition due to respiratory failure, possible overdose and being unresponsive. She was treated for injuries sustained after an altercation with officers, including abrasions to her shoulders and knees, headache with abrasion to her scalp as well as lower back pain.
BMC medical records show Bussard’s triage blood pressure of 114/95, heart rate 158 and respiratory 20. Blood work showed white blood cells significantly elevated as well as elevated blood glucose at 162 Mg/dL and elevation anion gap at 14.
She was discharged to police custody for further evaluation, and BMC staffers did not order a new drug test. Her final recorded vitals there were a blood pressure of 152/101, pulse of 147, respiratory 16 and oxygen level at “an alarming” 86 percent. Martinsburg officers took her back to ERJ.
On Bussard’s intake medical screening, Wexford staff noted she was opioid dependent and that she said she used drugs daily. The drug test result form was blank except for Bussard’s signature, the complaint states.
Despite Bussard’s high blood pressure and pulse readings at her ERJ intake and her history with substance abuse known to them, Wexford staffers failed to do proper medical screenings and ongoing assessments, according to the complaint.
She also was involved in an altercation after she swallowed an unknown substance following admission. The complaint says she also demonstrated unusual behavior and was placed in intake holding for monitoring.
The next day, Wexford medical notes show Bussard was taken to BMC and cleared after the altercation. She also told staffers her high heart rate was “normal” for her. She also asked to have her blood sugar levels checked because she was diabetic, but medical records do not show that was done.
Late on May 6, 2023, Bussard’s blood pressure was 198/110 and heart rate was 136. The next day, her blood sugar level was 246. She complained of vomiting
From 6:27 a.m. on May 7, 2023, to 3:40 a.m. on May 8, 2023, there is no indication of monitoring or observation of Bussard in the records.
Jail personnel found Bussard in her cell vomiting at 3:40 a.m. on May 7, 2023.
“Her hands were purple, and she was slow to respond to verbal commands,” the complaint states. “A correctional officer placed a 911 emergency call. … ERJ staff reported that 15 minutes before (EMS) arrival, Morgan Bussard started vomiting blood.”
Bussard was taken to BMC and pronounced dead at 4:34 a.m.
“If WVDCR staff … had complied with their training and WVDCR policies in observing and monitoring Morgan Bussard, they would have discovered her severe symptoms of a medical crisis, drug overdose and withdrawal and would have been able to obtain timely medical help that would have saved her life,” the complaint states. “If Wexford staff had been diligent in observing and monitoring Morgan Bussard, they would have discovered her severe symptoms of drug overdose and withdrawal and would have been able to obtain timely medical help that would have saved her life.”
The complaint accuses the WVU BOG, BMC and Wexford of medical professional negligence. It accuses the WVDCR and the unnamed defendants of deliberate indifference to clearly established laws, and it accuses the WVDCR of failure to train and supervise, vicarious liability. It also accuses Wexford, WVU BOG and BMC of negligent training and supervision.
The estate seeks compensatory damages for Bussard’s pain, suffering and emotional distress before her death. It also seeks damages for the estate’s sorrow, mental anguish and loss of companionship and guidance as well as for reasonably expected loss of income, medical expenses for Bussard before her death and reasonable funeral expenses.
It also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano, Amanda J. Davis and Charles F. Bellomy of Calwell Luce diTrapano in Charleston, by W. Jesse Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston and by Andrew Skinner of Skinner Law Firm in Charles Town.
Kanawha Circuit Court case number 25-C-584