Goodwin

CHARLESTON – U.S. Attorney R. Booth Goodwin II announced a settlement March 23 between the United States, West Virginia and Putnam County Aging Program Inc. that provides for the recovery of more than $1.35 million for the West Virginia Medicaid program.

Putnam Aging is a not-for-profit corporation that offers in-home care services to the elderly and disabled, among other things.

From July 2006 until April 2010, Putnam Aging contracted with Golden Heart In Home Care Services, which is owned and operated by Shida Jamie, to provide services to individuals insured by the West Virginia Medicaid program.

Under the contract, Golden Heart and Jamie agreed to provide qualified homemakers who were adequately training and screened for prior criminal records. Golden Heart hired unqualified homemakers and allowed them to provide in-home care services without providing minimum mandatory training.

Some of the homemakers also had criminal convictions that prohibited them from providing in-home care services under the Medicaid program. Putnam Aging submitted claims to and received payments from Medicaid for the services rendered by the Golden Heart homemakers.

Putnam Aging retained 15 percent of the Medicaid payments and paid Golden Heart the remaining share. Medicaid paid Putnam Aging a total of $3.5 million for the services rendered by Golden Heart.

Putnam Aging paid Golden Heart the lion’s share of the Medicaid money, a total of $3,001,240 and retained $529,630.

“This settlement goes a long way toward restoring funds desperately needed to provide care to our most vulnerable citizens,” Goodwin said. “Though Putnam Aging was not directly responsible for the employment of unqualified homemakers and convicted felons, as a Medicaid provider that partnered with others to provide care services, Putnam Aging is, nonetheless, liable for the failure to ensure the quality of those services. Through this Agreement, Putnam Aging has committed to righting this wrong financially, and to cooperating fully in our ongoing investigation.”

The agreement between the United States, West Virginia and Putnam Aging represents nearly three times the amount that Putnam Aging actually received under the contract with Golden Heart and resolves the civil liability of Putnam Aging for its role in the submission of claims for services provided by Golden Heart.

As part of the agreement, Putnam Aging will continue to cooperate fully and truthfully with the United States in its ongoing investigation of Golden Heart and Jamie.

March 18
Billy Lee Henderson and Clara Evon Henderson and the Putnam County Board of Education vs. Sherry L. Hayes, Putnam County Assessor; and Craig A. Griffith, West Virginia State Tax Commissioner
PA-Franklin L. Gritt Jr.; J-Stowers
* The Hendersons and the school board entered into a lease purchase agreement on 16.11 acres on Feb. 23, 2009. The board would lease for 10 years and have the option to purchase in 2019. Hayes classified the property as taxable for tax year 2010. Griffith later agreed with Hayes ruling. The plaintiffs seek a ruling making the property exempt from taxation.
Case number: 11-C-88

March 23
Hurricane Marketplace Limited Partnership vs. Kim Tuyen N. Vo and Bihn H. Nguyen individually and dba Magic Nails & Spa
PA-J. Robert Leslie; J-Spaulding
* The plaintiff claims the defendants have failed to timely pay their rent and other contractual fees and expenses. It says the defendants owe $46,068.48 as of March 1. It seeks that amount, which grows by $2,604 each month, as well as attorney fees, court costs, expenses and interest.
Case number: 11-C-91

March 28
George Chaber vs. Carl Beaver, individually and as a employee of the City of Charleston, West Virginia
PA-Kenneth P. Hicks; J-Stowers
* Chaber lives in Kanawha County, and Beaver lives in Putnam County. On April 1, 2009, Chaber says he was driving his 2004 Kia Spectra in Charleston in Kanawha County when Beaver, while working for the City of Charleston, rear-ended his vehicle with a city-owned 2004 Dodge Durango, causing injury and damages. He seeks joint and several compensatory damage as well as pre- and post-judgment interest, court costs, attorney fees and other relief.
Case number: 11-C-96

WINFIELD – Hurricane Marketplace Limited Partnership is suing Magic Nails & Spa for breach of contract after it claims the company owes more than $45,000.

On Dec. 7, 2007, the plaintiff entered into a commercial lease with Kim Tuyen N. Vo and Bihn H. Nguyen, who are d/b/a Magic Nails & Spa, according to a complaint filed March 24 in Putnam Circuit Court.

The plaintiff claims the defendants have failed to perform their duties under the agreement, including the duty to timely pay rent and other contractual fees and expenses.

The defendants have caused Hurricane Marketplace Limited Partnership to sustain economic loss and harm in the amount of $46,068.48, according to the suit.

Hurricane Marketplace Limited Partnership is seeking judgment in the amount of $46,068.48. It is being represented by J. Robert Leslie.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-91

WINFIELD – A St. Albans man is suing a Charleston employee after he claims he is responsible for injuries he sustained in a car accident.

On April 1, 2009, George Chaber was traveling east on Washington Street while operating a 2004 Kia Spectra and was stopped at a red light when Carl Beaver struck his vehicle, according to a complaint filed March 28 in Putnam Circuit Court.

Chaber claims Beaver, who was driving a 2004 Dodge Surango SUV that was owned by the City of Charleston, failed to maintain control of his vehicle and failed to stop in a timely manner.

The defendant’s negligence caused Chaber to sustain injuries to his body and mind, according to the suit.

Chaber is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Kenneth P. Hicks.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-96

April 8
Carl L. Ward vs. Rick Houdersheldt, D.O.
PA-Richard D. Lindsay; J-Spaulding
* Ward says the osteopathic doctor has failed to provide him with a complete copy of his office record regarding his care and treatment. He seeks a declaratory judgment instructing the doctor to deliver records. He also seeks court costs and attorney fees.
Case number: 11-C-99

April 7
Eunice G. Smith vs. Coordinating Council for Independent Living Inc. and Jane Doe(s)
PA-D. Adrian Hoosier II; J-Spaudling
* Smith, who lives in St. Albans, was receiving services from CCIL. She alleges Jane Doe employee(s) were negligently retained and/or supervised by CCIL and caused her harm as in-home nurses. She seeks damages for embarrassment, inconvenience and aggravation, damages for past, present and future medical treatments, damage to reputation, punitive damages for grossly negligent conduct, attorney fees, court costs, pre- and post-judgment interst, reimbursement for items stolen by Doe(s) and other relief.
Case number: 11-C-101

April 12
James E. Carey Jr. and Peggy L. Carey vs. Frank M. Armada
PA-Bruce L. Freeman; J-Spaulding
X The plaintiffs employed Armada to be their attorney in a case against Dr. John King and Putnam General Hospital. They say he didn’t file their complaint before the two-year statute of limitations ran out, thus not providing competent legal representation. They seek damages, attorney fees, court costs and other relief.
Case number: 11-C-108

King

WINFIELD -– A Putnam County couple alleges their attorney committed legal malpractice in their medical malpractice claims against a disgraced doctor.

James R Carey Jr. and his wife, Peggy L. Carey, filed suit April 12 in Putnam Circuit Court against Frank M. Armada. In their complaint, James, 59, and Peggy, 57, of Hurricane, allege Armada, 69, of Teays Valley, missed the deadline to file a suit against John A. King, a former osteopathic physician, whose multiple acts of mayhem during a six-month period at Putnam General Hospital spawned over 100 lawsuits against him, and the facility.

According to their suit, the Careys hired Armada in March 2005 to file suit against King and PGH arising out of King’s mistreatment of James two years earlier. Nineteen months later on Oct. 25, 2006, Armada named PGH, and King -– who by that time changed his name to Christopher Wallace Martin -– as co-defendants in a nine-count civil suit in Putnam Circuit Court

According to the 2006 suit, James checked into PGH’s emergency room on March 27, 2003, after fracturing his right ankle. The attending physician informed James his injury required he remain at the hospital, and undergo surgery.

The next day, he underwent an “‘open reduction with internal fixation on the right distal fibula.’” He was treated by King, and David McNair, King’s assistant.

However, James had to undergo two additional surgeries to remove a syndamotic screw, and another unspecified piece of hardware that was improperly placed in his ankle. The follow-up surgeries occurred on May 16, and Aug. 7, 2003.

In his suit, James made claims against King and PGH for intentional infliction of emotional distress, lack of informed consent, assault and battery, fraud, negligent credentialing/privileging/retention and civil conspiracy. As a direct result of King’s malpractice, James stated in incurred at least $19,000 in unnecessary medical bills.

Peggy was named as a co-plaintiff and made a claim for loss of consortium.

However, Judge O.C “Hobby” Spaulding on Nov 7, 2007, dismissed the Carey’s suit on the grounds it was filed past the two-year statute of limitations. Spaulding last March denied a motion to reinstate the suit.

The Carey’s suit was one of 110 filed against King in late 2006 alleging medical malpractice, and wrongful death during his time at PGH from November 2002 until June 2003. After an additional 12 suits were filed, they were split between Spaulding and then-Putnam Circuit Judge N. Edward Eagloski, and those cases were sealed in June 2007.

Following his move to Alabama, where he was still able to practice medicine, and changed his name to Christopher Wallace Martin citing identity theft, King declared bankruptcy in November 2007 putting all the lawsuits against him on hold. According to the Alabama Board of Medicine, his license was revoked in 2008.

Records show they also denied King’s petition for reinstatement of his license in December. Between 2004 and 2006, King, 52, either surrendered or lost his license in West Virginia and eight other states.

In their legal malpractice suit, the Careys state that Armada ‘breached his contractual obligations to provide [them] competent legal representation.” They seek unspecified damages, attorney fees and court costs.

They are represented by Charleston attorneys Bruce L. Freeman with Freeman and Chiartas, and Richard D. Lindsay with Tabor Lindsay and Associates. The case is assigned to Spaulding.

Putnam Circuit Court case number 06-C-345 (King medical malpractice) and 11-C-108 (Armada legal malpractice)

April 21
Diana Edwards vs. SHC Promotions LLC
PA-Jon D. Hoover; J-Spaulding
* Edwards says she was shopping at the Teays Valley Kmart on Aug. 25, 2009, when she stumbled on a raised rug and slipped on an unknown slippery substance. She seeks compensatory damages for medical expenses, physical injuries, emotional distress, mental anguish, pain and suffering, fear, humiliation, embarrassment, annoyance and inconvenience, loss of physical health and well being, loss of enjoyment of life, disability, disfigurement, compensatory damages, punitive damages, attorney fees, court costs, pre- and post-judgment interest and other relief.
Case number: 11-C-115

April 22
Christopher E. Johnson vs. Verizon Communications Inc.
PA-pro se; J-Spaulding
* The plaintiff says he was wrongly terminated from Verizon on April 23, 2009, on a charge of sales integrity. He seeks back pay including bonuses of $203,934. He also seeks $1 million for pain and suffering, medical bills, mental anguish, harassment, discrimination and public humiliation.
Case number: 11-C-114

April 28
Chelsey Workman and James May vs. Ross Family Pre-Owned Auto LLC, James Ross and Devin Davidson Ross
PA-Kristina Thomas Whiteaker; J-Spaulding
* The Logan County plaintiffs allege the defendants sold them a used 2008 Ford Supercab F150 that was not in the condition implied at the time of sale. They claim fraud and a refusal to remedy the problem or cancel the sale.
Case number: 11-C-119

WINFIELD — The plaintiffs in a potential class-action lawsuit allege a coal company’s board of directors has breached its fiduciary duties to its shareholders in merging with another coal company.

Damian Walker, on behalf of International Coal Group Inc. common stock shareholders, filed a lawsuit in Putnam Circuit Court against ICG, its board of directors and Arch Coal Inc. on Monday.

The plaintiffs take issue with the proposed sale of ICG to Arch for “inadequate consideration” of $14.60 per share.

On May 2, ICG and Arch issued a joint statement announcing they entered into a definitive agreement and plan of merger in connection with the proposed acquisition. Arch would acquire ICG, a Delaware corporation headquartered in Scott Depot, W.Va., in an all-cash transaction valued at $3.4 billion.

The offer price of $14.60 per share, the plaintiffs say, “materially undervalues the company and is unfair to its shareholders.”

“In order to effectuate the Proposed Acquisition, the Defendants have structured the deal to provide the appearance of fairness while in reality tilting the sales process in favor of Arch,” they wrote in their complaint.

In fact, they say, the merger agreement’s “no solicitation of transaction” clause discourages ICG from considering alternative proposals from other bidders, and contains a $115 million termination fee that strongly discourages board members from rejecting the proposed acquisition.

In all, the plaintiffs allege the board has breached its fiduciary duties to the shareholders by failing to “adequately value” the company’s shares in the proposed acquisition; utilizing “preclusive” corporate and deal protections to inhibit an alternate transaction; and failing to ensure that “adequate consideration” is exchanged for the company’s shares.

The plaintiffs seek equitable relief “compelling the board to properly exercise its fiduciary duties” and to enjoin the close of the proposed acquisition, which is scheduled to close at the end of the second quarter of 2011.

Counsel for the plaintiffs include Joshua I. Barrett and Sean P. McGinley of DiTrapano Barrett & DiPiero PLLC in Charleston, W.Va.; Brian P. Murray, Gregory B. Linkh and Gregory A. Frank of Murray, Frank & Sailer LLP in New York; and Katharine M. Ryan and Richard A. Maniskas of Ryan and Maniskas, LLP of Wayne, Pa.

ICG is one of the leading producers of coal in Northern and Central Appalachia. It has 12 mining complexes located in West Virginia, Kentucky, Virginia and Maryland. It was founded in 2004 and was taken public in 2005.

Arch is one of the world’s largest coal producers. According to its website, it contributes roughly 15 percent of America’s coal supply. It has mining complexes in Wyoming, Utah, Colorado, West Virginia, Kentucky and Virginia.

May 9
Damian Walker individually and on behalf of all others similarly situated vs. International Coal Group Inc., Bennett K. Hatfield, Wilbur L. Ross Jr., Maurice E. Carino Jr., Cynthia B. Bezik, William J. Catacosinos, Stanley Gaines, Samuel A. Mitchell, Wendy L. Teramoto and Arch Coal Inc.
PA-Joshua I. Barrett, Shawn P. McGinley; J-Stowers
* The plaintiffs in a potential class-action lawsuit allege ICG’s board of directors has breached its fiduciary duties to its shareholders in merging with Arch. The plaintiffs take issue with the proposed sale of ICG to Arch for “inadequate consideration” of $14.60 per share.
Case number: 11-C-123

Despite the presence of a pickup truck outside, the law office of Winfield attorney John Grafton is vacant after his landlord in March received judgment against him in a lawsuit seeking unpaid rent, and immediate possession of the office. (Photo by Lawrence Smith)

CHARLESTON -– In the midst of being asked to suspend a Putnam County attorney for failing to file a client’s appeal, the state Supreme Court is also asked to immediately suspend him for abandoning his law practice.

The Court has on its docket Thursday the case of Lawyer Disciplinary Board v. John A. Grafton. The Board is asking the Court to suspend Grafton, 41, a Winfield attorney, for one year following an investigation that found he missed the deadline to file Cheryl and Danny Briscoe’s personal injury suit to the Court in 2007.

Also Thursday, the Court will consider a separate petition filed by the Office of Disciplinary Counsel to immediately suspend Grafton’s license. Records show ODC filed its petition two months after the Court in January agreed to hear the Board’s case against him.

In its petition, ODC states in the midst of completing its investigation into the Briscoe complaint, it received eight others against Grafton, six of which came after July 22, 2009. All the complaints allege Grafton has in some way either failed to communicate with the person or has not been diligent in pursuing his or her case.

According to ODC, Grafton has only filed a response to two of the pending ethics complaints. Attempts to contact him including telephone calls and personal visits to his office only found his number disconnected, and the door locked.

On March 17, Grafton’s landlord received default judgment against him in a civil suit in Putnam Magistrate Court. The judgment gave the landlord immediate possession of the office on 3655 Winfield Road, and ordered Graton to vacate it by 5 p.m. that day.

In light of failing to inform them of that fact, ODC filed its petition for immediate suspension. In its petition, ODC said Grafton not only put his clients’ interest at “substantial risk,” but he also posed “a substantial threat to the public” by abandoning his practice in the midst of the complaints against him.

Five days later, the Court authorized Chief Putnam Circuit Judge Phillip M. Stowers to appoint a trustee for Grafton’s clients’ files. Records show he later appointed Poca attorney Richard M. Whitt to the task.

As of presstime, Grafton has yet to file an answer to either the Board’s request for the one-year suspension in the Briscoe case or ODC’s petition for immediate suspension.

West Virginia Supreme Court of Appeals, case numbers 35283 (Board suspension) and 11-0480 (ODC immediate suspension)

WINFIELD — Another common stock shareholder has filed a complaint alleging “inadequate compensation” in International Coal Group’s planned merger with Arch Coal Inc.

Timothy Eyster filed the potential class-action lawsuit in Putnam Circuit Court on Friday on behalf of himself and other common stock shareholders. He is suing ICG, its board of directors and Arch.

Eyster, like Damian Walker, who filed a potential class-action suit against ICG, its board and Arch on May 9, takes issue with the proposed sale of ICG to Arch at $14.60 per share.

On May 2, ICG and Arch issued a joint statement announcing they entered into a definitive agreement and plan of merger in connection with the proposed acquisition. Arch would acquire ICG, a Delaware corporation headquartered in Scott Depot, W.Va., in an all-cash transaction valued at $3.4 billion.

The plaintiffs in both cases allege that ICG’s board of directors breached its fiduciary duties to its shareholders in merging with Arch.

Eyster, in his complaint, calls the sale process “flawed.”

He points to the merger agreement’s $115 million termination fee, which requires that ICG pay $115 million should it decide to accept a competing offer.

“The Termination Fee impairs (ICG’s) Board of Directors from freely and effectively exercising their business judgment in the interests of (ICG’s) shareholders and also discourages other potential bidders from emerging, including those who would be willing to pay more than $14.60 per share for the Company,” Eyster wrote.

He continued, “If the Proposed Transaction is consummated, Arch and (ICG) insiders will enrich themselves by acquiring the public shareholders’ interest in the Company without paying a fair and adequate price, thereby irreparably harming Plaintiff and the other (ICG) shareholders not affiliated with Arch.”

ICG, its board and Arch are forcing “an oppressive and fundamentally unfair transaction” onto ICG’s shareholders, Eyster says.

Like Walker, Eyster is seeking to enjoin the close of the proposed acquisition, which is scheduled to close at the end of the second quarter of 2011.

Eyster also is asking that the board “diligently avail themselves of all material information necessary to make an informed judgment concerning the fairness of the proposed transaction,” and that it “fully and accurately disclose all material information to (ICG’s) public shareholders so they can make an informed decision” on whether to tender their shares.

Counsel for the plaintiff include Kevin W. Thompson and David R. Barney Jr. of Thompson Barney in Charleston, W.Va.; Joseph E. White III and Lester R. Hooker of Saxena White PA in Boca Raton, Fla.; and Jonathan M. Stein, also in Boca Raton.

ICG is one of the leading producers of coal in Northern and Central Appalachia. It has 12 mining complexes located in West Virginia, Kentucky, Virginia and Maryland. It was founded in 2004 and was taken public in 2005.

Arch is one of the world’s largest coal producers. According to its website, it contributes roughly 15 percent of America’s coal supply. It has mining complexes in Wyoming, Utah, Colorado, West Virginia, Kentucky and Virginia.

WINFIELD – A Hurricane woman is suing CAMC Teays Valley Hospital after she claims they are responsible for her mother’s death.

On May 11, 2009, Cathy L. Bailey presented to the emergency department at CAMC Teays Valley Hospital for shortness of breath with exertion, according to a complaint filed May 12 in Kanawha Circuit Court.

Jeana Stonestreet, Bailey’s daughter, claims there was an extremely long period of time passed before the hospital staff assessed Bailey.

Bailey was a diabetic and insulin dependent when she presented to the emergency department and her glucometer reading did not reveal a number because it was too high to register, according to the suit.

Stonestreet claims her mother was not immediately placed on a cardiac monitor despite the fact that she was having shortness of breath, tachycardia, diabetes and hypercalcemia.

Dr. Richard B. Kline was the physician in charge of Bailey’s care during her stay in the hospital, according to the suit.

Stonestreet claims the defendants deviated from the acceptable standard of care and Bailey went into cardiac arrest on May 12, 2009, and died.

Stonestreet is seeking compensatory damages with pre- and post-judgment interest. She is being represented by R. Edison Hill.

Putnam Circuit Court case number: 11-C-127

May 13
Timothy Eyster, individually and on behalf of all others similarly situated vs. International Coal Group Inc., et al.
PA-Kevin W. Thompson and David R. Barney Jr. et al.; J-Spaulding
* Eyster, a common stock shareholder, alleges “inadequate compensation” in International Coal Group’s planned merger with Arch Coal Inc. Eyster filed the potential class-action lawsuit on behalf of himself and other common stock shareholders. He is suing ICG, its board of directors and Arch.
Case number: 11-C-131

Calwell

WINFIELD – An attorney is suing his former employer after he claims it has failed to pay him fees owed to him from a compensation package.

W. Stuart Calwell Jr. was also named as a defendant in the suit.

During his employment with the defendants, Thomas G. Wilson primarily worked on cases concerning claims of women alleging injuries due to hormone replacement therapy and consumer fraud cases, according to a complaint filed May 19 in Putnam Circuit Court.

Wilson claims pursuant to his compensation package, he was to be paid 5 percent of the fees generated from HRT cases, but after he left his employment with the defendants on Feb. 1, 2010, they failed to compensate him for the cases he was part of that have now been settled.

The defendants have breached their contract with Wilson by failing to pay him the 5 percent fees, according to the suit.

Wilson is seeking compensatory damages. He is being represented by Larry O. Ford.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-136

WINFIELD – Three members of the FMC Sportsman’s Club are suing the club after they claim they were wrongfully expelled from the club.

Hubert Strickland, Cameron Cline and Ernest Barger have vested interests in campsites or lots located on real property owned by the defendant and maintained, improved and used by the plaintiffs for decades, according to a complaint filed May 25 in Putnam Circuit Court.

The men claim on May 13 they received letters through the defendant’s counsel Maggie Wall, informing the men that they had been expelled as members of the club and that they would be reimbursed for their 2011 dues and/or camping dues, which were paid in a timely manner.

In the letter, the men were informed that the board of directors voted to unanimously decline their renewal, according to the suit.

The men claim the FMC memberships are for a one-year term, and each of them had been members for more than 20 years, Ernest Barger being a member for approximately 26 years after his father became a founding member.

The letter informed the men that their memberships were not renewed because they “engaged in conduct that would knowingly and intentionally cause harm to the club, as well as to specific board members,” according to the suit.

As a result of the alleged conduct, their memberships were permanently revoked and the men are prohibited from entering any club property as either a guest or otherwise and if found on the property, will be considered a trespasser and asked to leave, according to the suit.

The men claim they allegations are false.

Strickland, Cline and Barger are seeking an order from the court declaring the defendant’s attempt to expel them as members in violation of West Virginia laws; an order temporarily and permanently enjoining the defendant from attempting to unlawfully expel the men; and consequential damages resulting from the defendant’s wrongful conduct. They are being represented by Thomas H. Peyton.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-140

April 28
Yellow Book Sales and Distribution Company LLC vs. Mitchell Klein and Klein & Hall LC
PA-Daniel T. Booth; J-Spaulding
* The plaintiff says the defendants agreed to advertise in the Greater Tri-State and Greater Charleston telephone directories. The total of the three contracts was $37,836. With fees, the total became $38,129.32. The defendants have paid $12,562. That leaves a total of $25,567.32. Yellow Book seeks that amount plus pre- and post-judgment interest, court costs and other relief.
Case number: 11-C-137

May 25
Hubert Strickland, Cameron Cline and Ernest Barger as members of the FMC Sportsman’s Club Inc. vs. FMC Sportsman’s Club Inc.
PA-Thomas H. Peyton; J-Stowers
* The plaintiffs say they were wrongly expelled as members of the Sportsman’s Club in a letter dated May 13 after the board unanimously voted to decline their renewals. The plaintiffs want the Court to declare the expulsion attempt illegal, an order enjoining defendant from expelling plaintiffs as members and an order granting court costs, attorney fees and other expenses association with this action.
Case number: 11-C-140

May 24
Mary Jane McClure, administratrix of the estate of Harold D. Saunders, deceased vs. Charleston Area Medical Center, CAMC Teays Valley Hospital, Gregory D. Kelly, D.O. and Premier Health Care Services Inc.
PA-Marvin Masters; J-Stowers
* McClure says her late brother Saunders didn’t receive proper care and assessment from the defendants after he was injured on Sept. 9, 2009. That led to mental anguish and physical pain, medical expenses, loss of income and funeral expenses. She seeks joint and several compensatory and punitive damages.
Case number: 11-C-141

WINFIELD – A Kanawha County woman is suing Charleston Area Medical Center after she claims it is responsible for her brother’s death.

CAMC Teays Valley Hospital, Dr. Gregory D. Kelly and Premier Health Care Services, Inc. were also named as defendants in the suit.

On Sept. 9, 2009, the defendants deviated from the applicable standard of care and were negligent in regard to their care of Harold D. Saunders, according to a complaint filed May 24 in Putnam Circuit Court.

Mary Janet McClure claims the defendants failed to provide her brother with adequate, proper and safe hospital care, advice and assessment.

The defendants also failed to safely arrange for proper care and treatment and/or to provide for proper procedures, according to the suit.

McClure claims the defendants failed or refused to provide the level of care required by law while caring for her brother.

As a result, Saunders incurred personal injury to his head and body and later died, according to the suit.

McClure is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Marvin W. Masters and Robert Welsh.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 11-C-141