By: John O’BrienFor The WV Record
January 2, 2013
HUNTINGTON – Genesis Healthcare Corporation has settled a lawsuit brought over the death of a patient at Logan Center.
U.S. District Judge Joseph Goodwin approved the settlement in an order filed Dec. 28. The lawsuit was brought by Gregory Vanover on behalf of the Estate of Mary Vanover, his mother. The two sides had submitted the settlement for approval in November.
Only Gregory and Mary’s sister Virginia Poe were entitled to assert a claim, the order said.
Though Goodwin wrote the amount of the settlement shall be confidential, he also wrote that Gregory Vanover will receive $125,000, while the Putnam County Sheriff’s Department will receive $4,222.47. The department is the conservator for Poe, who is a ward of the state.
The plaintiffs were represented by Pamela Lambert and The Masters Law Firm, which operated on a 40 percent contingency fee, the order says.
The complaint, filed in 2011 in Logan County Circuit Court, alleged Logan Center wrongfully treated and cared for Mary Vanover while she was a patient there. Allegations of mistreatment are not specific, but the complaint says Logan Center’s recklessness and carelessness caused Vanover to experience extreme pain for a considerable length of time.
The complaint alleged physical injury and death; pain and suffering; and mental and emotional anguish and distress.
On the part of her heirs, it alleged sorrow, mental anguish, solace and losses of society, companionship, comfort, guidance, kindly offices and advice of decedent.
The case was removed to federal court on Jan. 4, 2012.