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Firm files three nursing home suits in two days
6/27/2008 8:00 AM By Steve Korris  -Kanawha Bureau

CHARLESTON - Erin Winter and Andrew Paternostro of Bell & Bands in Charleston filed three wrongful death suits against nursing homes in two days.

On June 9 they sued Health Care and Retirement Corporation, owner of Heartland nursing home in Charleston, on behalf of Kanawha County resident Carl Kessell.

They claimed his mother, Reba Kessell, suffered weight loss and dehydration. They claimed she fell several times. They claimed another resident abused her.

Later that day they sued the same company on behalf of Carol McClure, daughter of the late James Wells.

They claimed he suffered skin tears and wounds. They claimed he developed pressure ulcers because workers failed to turn him or otherwise provide relief.

They claimed lack of care for his catheter led to infection and dehydration.

On June 10 they sued Sunbridge Care and Rehabilitation of Dunbar on behalf of Clay County resident Donald Samples, widower of Nora Carmin Samples.

They claimed that on her second day at Sunbridge, she fell and broke her neck. She died nine days later, they wrote.

The Sunbridge suit seeks punitive damages.

The court assigned Kessell's suit to Circuit Judge Duke Bloom, McClure's suit to Circuit Judge James Stucky, and Samples's suit to Circuit Judge Jennifer Bailey Walker.

Comments on this article

  • Time to Fix Nursing Homes

    This article talks about some of the horrors of our nursing homes. It’s sad how the industry has really declined in our nation, making going to a nursing home something we all dread. Instead of being able to trust them to care for our loved ones, we’re instead suing them for the damage they’ve done. What’s worse, many of these nursing homes are structured in ways that limit their assets and liability, making it difficult for families to recover damages. Right now, though, the United States Senate is considering a bill called the Nursing Home Transparency and Improvement Act (S2641) that would take first steps to solve problems with quality and accountability. Senator Byrd has already co-sponsored this bill but unfortunately, Senator Rockefeller has not. Let’s not wait until another family has to sue because of damage a nursing home has done- let’s take action to improve them. I hope Senator Rockefeller will co-sponsor this bill today and I readers will join me in urging his support.

    by Al Bacon

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