CHARLESTON – The sister of an inmate says improper medical care led to her brother’s death while he was serving time at the Northern Regional Jail.
Toni McCort, as personal representative of the estate of Derek R. Graham, filed her complaint February 14 in Kanawha Circuit Court against Wexford Health Services Inc. and the West Virginia Division of Corrections and Rehabilitation.
“This is yet another instance of a third-party medical provider and the jail failing to appropriately treat a critically ill patient,” attorney L. Dante diTrapano told The West Virginia Record. “Had Wexford Heath exercised even a modicum of competency in evaluating Derek, this tragedy would have been avoided.”
According to the complaint, Graham was arrested January 11, 2021, and placed into custody as an inmate at the Northern Regional Jail in Moundsville the same day. During his intake medical screening, Graham said he was withdrawing from heroin and fentanyl. He said he used heroin daily and that he had withdrawal problems.
Despite this information, the complaint says Graham was placed in the general population at the jail. It says he experienced severe and life-threatening withdrawals from drugs that were ignored or given grossly deficient attention.
According to his chart notes mentioned in the complaint, Graham was observed limp in a chair with his head hanging on the evening of January 12, 2021. The following morning, the notes say he was lying on the floor but wouldn’t talk to the nurse. He groaned when he was asked if he was OK.
Late on the morning of January 13, 2021, an officer requested Graham be assessed because he was lethargic and requiring stimulation to answer questions during an arraignment hearing. He was pale and clammy as well. He was given Narcan and was going to be transported for medical care when he collapsed.
He was given CPR and another Narcan. Marshall County EMS was called.
“None of the jail staff were doing anything and just standing in the way for the crews to get things,” EMS observed upon arrival at the jail.
Despite their efforts, EMS determined Graham was dead. He was declared dead at Reynolds Memorial Hospital at 11:46 a.m. on January 13, 2021.
McCort accuses Wexford of medical negligence for breaching the standard of care with Graham and of vicarious liability. It accuses the WVDCR of malicious conduct.
She seeks compensatory damages for Graham’s pain, suffering, mental anguish and emotional distress as well as damages for her sorrow, mental anguish and solace. She also seeks compensation for Graham’s expected loss of income, lost services and for his medical and funeral expenses. She also seeks pre- and post-judgment interest, attorney fees, court costs and other relief.
She is being represented by diTrapano and Benjamin Adams of Calwell Luce diTrapano in Charleston and by Anthony Werner and Anthony Werner Jr. of John & Werner in Wheeling. The case has been assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number 21-C-131
