CHARLESTON – The estate of Mingo County man blames jail officials for his death.
Kayla Thomas, as administrator of the estate of Kevin Thomas, filed her complaint March 19 in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation as well as unknown correctional officers.
Kevin Thomas had a history of opiate addiction. When he was found unresponsive in his cell, the complaint says jail officials refused to provide any information or medical records to emergency and medical officials.
diTrapano
“This is another example of the WVDCR’s deliberate indifference to a serious medical condition resulting in the death of a young man unnecessarily,” attorney L. Dante’ diTrapano told The West Virginia Record.
According to the complaint, Thomas was incarcerated at the Southwestern Regional Jail and Correctional Facility in Logan County on March 3, 2022, after failing a drug screen while sentenced to home incarceration.
During his intake evaluation by PrimeCare employees at the jail, the complaint says officials had Thomas’ medical records that showed a history of opiate addiction and a need for detoxification protocols from prior incarcerations. But, it says PrimeCare officials failed to implement detoxification protocols.
Early on March 19, 2022, Thomas was found unresponsive in his cell without a pulse. He was transported to Logan Regional Medical Center. In his medical records, Logan Emergency Ambulance Service Authority said the responder “attempted to get information from prison officials to what happened when they found (Thomas) but everyone that was around refused to answer any questions I had.”
The complaint says hospital officials had a similar response.
“Jail staff is refusing to give any history surrounding the events that occurred tonight,” the complaint quotes hospital records. “There (sic) also refusing to send any medical history. I do not have any information surrounding the aspects of why this patient went into cardiac arrest.”
Thomas was pronounced dead at 5:13 a.m. on March 19, 2022.
The estate accuses the defendants of deliberate indifference, negligence, gross negligence, malicious conduct, negligent hiring, negligent supervision and training and vicarious liability.
The estate seeks compensatory damages for Thomas’ pain and suffering prior to his death, sorrow and emotional suffering for his wrongful death beneficiaries, the loss of emotional support, society and companionship for his beneficiaries. It also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The family is being represented by diTrapano and Charles F. Bellomy of Calwell Luce diTrapano in Charleston and by W. Jesse Forbes and Jennifer N. Taylor of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Stephanie Abraham.
Kanawha Circuit Court case number 24-C-367
