Firm News
Hartley Law Group, PLLC
Discover the latest news and information regarding cases handled by Hartley
Law Group, PLLC.
Attorney David Lunsford of Hartley Law Group, PLLC Speaks on Supreme Court Case
The state Supreme Court is being asked to overturn a decision made by the
state legislature’s Claims Commission in connection with a 2014
fatal DUI crash in Monongalia County.
The estate of Jonathan Ladanye filed a claim with the commission saying
the state Division of Highways was partly at fault for the Interstate
79 crash because the agency had not cleared a pile of snow on a bridge
near Westover. The truck Ladanye was riding in hit the snow and went over
the bridge to a road beneath. He was killed in the crash. The driver James
Coffman was later convicted of DUI with death.
Read more
here.
Family files asbestos wrongful death suit based upon the worker’s
development of malignant mesothelioma, as a result of his many years of
exposure to asbestos as a pipefitter. Hartley Law Group, PLLC represents
the Plaintiff.
Plaintiff's complaint can be found
here.
Hartley Law Group, PLLC
Donating $500,000 Towards Purchase of a Lung Bus for West Virginia Residents
Hartley Law Group, PLLC is donating $500,000 to the West Virginia University
Cancer Institute to help towards the purchase of a mobile lung cancer-screening
unit, known as the “Lung Bus." Our hope is that the mobile
unit will provide lung cancer screenings for many residents throughout
West Virginia who don’t usually have access to this kind of medical
care service. Lung cancer is the leading cause of death in West Virginia;
approximately 1,507 die each year from the genetic disease.
Read more in our latest blog.
Logan man alleges skin cancer and lung disease caused by exposure during
reclamation jobs. Hartley Law Group, PLLC is representing the plaintiffs.
Plantiff's complaint can be found
here.
"Jack D. Parsley and Vicki L. Parsley filed a complaint Aug. 31 in
Logan Circuit Court against Blackhawk Mining LLC, Virginia Conservation
Legacy Fund Inc., ERP Compliant Fuels LLC, Laurel Coal Corp. and Dennis
Wellman alleging premises liability and loss of consortium.
The plaintiffs request a trial by jury and seek compensatory damages, all
legal fees and any other relief as the court deems just. They are represented
by R. Dean Hartley and Mark R. Staun of Hartley Law Group PLLC in Wheeling.
The case has been assigned to Circuit Judge Joshua Butcher."
Read more of this article
here.
Hartley Law Group, PLLC
Sponsors WVU Children's Hospital's 11th Annual Ohio Valley Gala
The West Virginia personal injury firm of Hartley Law Group, PLLC is a
proud sponsor of the 2015 Ohio Valley Gala put on by the WVU Children's
Hospital. Proceeds from the gala support the hospital's Pediatric
Transport Team.
"Last year, 27 children were transported from the Ohio Valley to WVU
Children's by the Pediatric Transport Team, so that the care they
needed could start before they even arrived in Morgantown," Cheryl
Jones, R.N., director of WVU Children's Hospital, said. "The
proceeds from the Ohio Valley Gala benefit this crucial transport team."
The theme of this year's gala is "A Tropical Paradise." The
event will be held at The White Palace at Wheeling Park on Saturday, August
1 at 6:00 in the evening. Festivities will include a cocktail reception,
a silent auction, dancing, live music, and a performance by the Filipino
American Association of Pittsburgh Dance Troupe. There will also be recognition
of Bernard Twigg, director of community affairs at WesBanco Bank, Inc.,
a recipient of the "Distinguished West Virginia Award."
Tickets for the gala are $100 per person. More information can be found at
www.ovchgala.com. To read more about the gala,
click here.
Tazewell County Woman Files Lawsuit for Botched Total Knee Replacement
Hartley Law Group, PLLC recently filed a medical negligence lawsuit on
behalf of a Tazewell County, Virginia woman as a result of negligent performance
of total knee replacement by her orthopedic surgeon. Plaintiff's orthopedic
surgeon told plaintiff that she was to receive a "custom knee"
with manufactured cutting guides made just for her. She underwent a spiral
CT Scan which was sent to Consensus Orthopedics. The CT Scan was not of
good quality and thus no custom cutting guides were made. Plaintiff was
never told about the failed CT Scan and after the surgery suffered three
tibia/femur dislocations. Plaintiff had to have a second total knee replacement
performed by another surgeon due to the instability of the original knee.
The medical negligence case against Dr. Gary McCarthy from Bluefield,
West Virginia alleges a failure to properly plan the surgery and failure
to properly "balance" the plaintiff's knee at the time of
surgery causing three unnecessary dislocations and hospitalizations and
a subsequent revision.
Richardson v. Gary Patrick McCarthy, M.D., et al. Mercer County, West Virginia Circuit Court, Civil Action No. 14-C-547-OA.
Raleigh County Couple Files Lawsuit against Radiologists for Misdiagnosis.
Hartley Law Group, PLLC and Katz, Kantor, Stonestreet and Buckner recently
filed a medical negligence lawsuit on behalf of a Raleigh County couple
as a result of two separate radiologists’ failure to a diagnose
a thoracic fracture. Plaintiff fell in late 2011, and x-rays demonstrated
he had fractured three ribs. About month after the fall, he presented
to Raleigh General Hospital emergency department with back spasms and
chest pain so severe that he was unable to change position or walk. Radiologic
studies were ordered and read by Paul Ratcliff, D.O. and Richard Daniel,
M.D. of Raleigh Radiology, Inc. While the studies demonstrated a fracture
of the thoracic spine, neither radiologist reported a T-8 fracture or
deformity. Plaintiff was sent home with a clinical diagnosis of chest
pain. His back spasms and back pain continued over the next year until
finally another x-ray series was performed. Once again Dr. Ratcliff read
the films. In comparing the previous-years studies with the present studies,
Dr. Ratcliff reported an “Anterior wedge compression fracture of
T-8. There has been a worsening over the past year.” The medical
negligence case against Drs. Ratcliff and Daniel alleges a failure to
diagnose a thoracic fracture on both x-rays and CT scan in 2011, and that
the delay in diagnosis led to an inability to do surgical revision and
permanent damage. Suit was filed in Raleigh County, West Virginia Circuit Court.
Nelson, et ux. v. Raleigh Radiology, Inc., Paul D. Ratcliff, Jr., D.O.,
and C. Richard Daniel, Jr., M.D., Raleigh County, West Virginia Circuit Court, Civil Action No.: 15-C-220.
Ohio County Miner Sues Employer, Tunnel Ridge, for Severe Injuries Received
in Mining Accident.
Hartley Law Group, PLLC recently filed a lawsuit on behalf of a Wheeling
man who was severely and permanently injured when he was struck by a two
(2) inch thick steel braided hose that snapped during a long wall mining
teardown operation. The accepted and well-known safe practice for hose
recovery during a long-wall mining machine move from one section of the
mine to another section of the mine requires employees to break the hose
apart into smaller sections at its connections, and roll each hose section
up individually as the employees move along the complete hose. In this
case, the mining foreman decided to recover the hoses by utilizing an
unauthorized and/or inappropriate recovery method which included dragging
the entire hose from one section of the mine to another section of mine
in an attempt to complete the hose recovery task quickly. Using a sling
strap tied to a scoop car battery pit connected to the hoses, the process
pulled the hoses from one section to another, around a corner. The sling
strap that was improperly holding the hose to the scoop car battery pit
failed, releasing the built-up energy of the stretched hose, allowing
it to whip and strike the worker standing in an adjacent crosscut. As
a result, he suffered a compound fracture of the left lower leg, tibia,
and fibula; dislocated left shoulder; torn left shoulder rotator cuff;
fractured vertebrae 6 and 7; numerous cuts and bruises; concussion; and
leg infections which required several additional surgeries, including
a muscle graft and skin flap procedure.
Bonitatibus, et ux. v. Tunnel Ridge LLC, et al. , Ohio County, West Virginia Circuit Court, Civil Action No.: 15-C-123-MJG
Hartley Law Group, PLLC
Participates in the 15
th Annual Ohio Valley Light The Night Walk
Hartley Law Group, PLLC participated in the 15
th Annual Ohio Valley Light The Night Walk on Thursday, April 23, 2015. The
Light The Night Walk is a fundraiser to support The Leukemia & Lymphoma
Society in their fight against blood cancers. Several Hartley Law Group,
PLLC employees braved the chilly temperatures at the Heritage Port in
Wheeling to show our support for the cancer survivors and their families.
In addition, we raised $7,425 for The Leukemia & Lymphoma Society
through sponsorship, generous donors and bake sales. We want to thank
everyone who participated and donated, and we look forward to continuing
our support of this worthy cause!
Hartley Law Group, PLLC
to Sponsor Leukemia and Lymphoma Society
Hartley Law Group, PLLC is a proud sponsor of the
2015 Annual Ohio Valley Light the Night Walk Benefiting The Leukemia &
Lymphoma Society on April 23, 2015
American Bar Association's Toxic Torts & Environmental Law Committee's
24th Annual Spring CLE meeting
Dean Hartley will be participating in a panel discussion entitled "Views
From the Front: Plaintiffs' Perspective on Toxic Tort Litigation"
at the American Bar Association's Toxic Torts & Environmental
Law Committee's 24th Annual Spring CLE meeting entitled
Cutting-Edge Scientific and Legal Trends in Toxic Torts and Environmental Law which will be held April 9 through 11, 2015 at the Arizona Biltmore Resort
& Spa in Phoenix, Arizona. The panel, using various factual scenarios
involving exposures to toxic substances, will explain how to evaluate
potential plaintiff's cases based on the circumstances surrounding
an exposure to toxic material, the likelihood of the defendant's liability,
and provide other considerations that they assess during their evaluation
of the potential value of a toxic tort case, as well as discuss how to
prepare a case, from a plaintiff's perspective, to maximize recovery.
Parkersburg Man Files Lawsuit Against Real Estate Developers for Causing
Hazardous Fungi Dust to Invade his Home.
Hartley Law Group, PLLC recently filed a lawsuit on behalf of a Parkersburg
man who developed mucormycosis, a severe fungal infection, as a result
of several developers' negligence, trespass, and nuisance. The Defendant
developers negligently engaged in, supervised, directed, and advised demolition,
excavation, and construction operations on properties immediately adjacent
to the Plaintiff's home, which caused dust containing various materials,
specifically mucoromycotina fungi, to invade the Plaintiff's property
and home. As a result, Plaintiff was exposed to the fungus and suffered
severe and permanent injury, disfigurement, disability, and property damage.
Most notably, the Plaintiff lost his left eye and palate to the fungal disease.
Loscar v. Castle Ventures II, LLC, et al. , Monongalia County, West Virginia Circuit Court, Civil Action No.: 14-C-902.
Panel Discussion - 2014 HarrisMartin National Benzene Litigation Conference
Dean Hartley has once again been invited to participate in a panel discussion
at the 2014 HarrisMartin National Benzene Litigation Conference to be
held December 11 and 12 at the Roosevelt Hotel in New Orleans. The panel
will discuss RNA and DNA testing as it applies to a benzene case on the
second day of the conference.
Severe Form of Black Lung Returns to Threaten Appalachian Coal Miners
Progressive Massive Fibrosis (PMF) is a severe form of black lung disease
and can be lethal and it currently affects nearly ten-times more Appalachian
coal miners today than it did in the 1970s, about 3.2% of all minors in
the Central Appalachian coalfields, according to National Institute for
Occupational Safety and Health (NIOSH).
Read more about this in
our research paper.
Raleigh County Woman Files Lawsuit on behalf of Estate of Joel Dew against
Emergency Room Physician Steven Harry Nathanson, M.D. for Mr. Dew’s
Wrongful Death
Hartley Law Group, PLLC recently filed a medical negligence lawsuit on
behalf of the Estate of Joel Dew in the United States District Court for
the Southern District of West Virginia. Mr. Dew had been fevered and vomiting
for several days when he was involved in a single vehicle car accident.
Mr. Dew was found to be disoriented at the crash scene, unable to tell
EMS personnel or the police where he was going. He was taken to Raleigh
General Hospital in Beckley, West Virginia and was seen by Emergency Room
physician Stephen Harry Nathanson, M.D. Mr. Dew was confused, sweating,
fevered and had abnormal blood and urine tests indicating a possible infectious
process. Dr. Nathanson ordered fluids and pain medication and set Mr.
Dew home with no investigation as to his abnormal lab values.
Two days later Mr. Dew was so lethargic and ill that an ambulance was called
to his home and he was taken back to Raleigh General Hospital where he
was seen once again by Dr. Nathanson. This time a CT Scan was ordered
which showed a brain bleed. Mr. Dew was ungently transported to Charleston
Area Medical Center where he died later that day. An autopsy revealed
that Mr. Dew had overwhelming sepsis throughout his body.
Mandeville
v. Steven Harry Nathanson, M.D. and Southeastern Emergency Physicians, PLLC. USDC Southern District of West Virginia, at Beckley Civil Action No.:
5:14-cv-25013.
Read more about this case
here.
Mobay Employee Files Suit Based on Asbestos Exposure
Hartley Law Group, PLLC recently filed a lawsuit on behalf of a former
Mobay employee who was diagnosed with malignant mesothelioma. The worker
was exposed to asbestos while working in the boiler house and as an operator
in various departments of Mobay's New Martinsville, West Virginia
plant. Defendants include: Bayer f/k/a Miles, Inc. and successor-n-interest
to Bayer U.S.A. and Mobay Inc., and various asbestos suppliers. The case
is scheduled for trial in February 2015.
Allen, et al. v. Bayer, et al., Kanawha County, W. Va. Circuit Court Action No. 14-C84 MSH.
Read more about this case
here.
Wheeling Family Files Lawsuit against Wheeling Hospital for IV Kidney Damage
and Wrongful Death
Hartley Law Group, PLLC recently filed a wrongful death civil lawsuit on
behalf of a Wheeling family in Ohio County, West Virginia Circuit Court
as a result of the care a family member received at Wheeling Hospital.
The decedent presented to the emergency department in pain and was having
a difficult time walking. The admitting and attending doctor ordered a
CT scan with IV contrast despite the fact the situation was not of an
emergency nature, and the decedent's medical history demonstrated
she was at risk for kidney damage from IV contrast medium.
The decedent explained to the radiology technician before the procedure
that when IV contrast was ordered in the past she was given protective
treatment to prevent the potential kidney damage. The radiology technician
failed to contact the ordering physicians, and conducted the CT scan with
contrast as ordered. The decedent developed acute renal failure along
with a host of other medical problems and conditions and ultimately died
on June 29, 2013. Defendants include: Bernice F. Lim, M.D., James L. Comerci,
M.D., and Wheeling Hospital, Inc.
Taylor, as Executor of the Estate of Sharon Ann Taylor, Ohio County, West Virginia Circuit Court, Civil Action No.: 14-C-225-MJG.
Read more about this case
here.
Ball Aerosol Workers File Suit Based on Toxic Solvent Exposure
Hartley Law Group, PLLC and Fitzsimmons Law Firm recently filed a lawsuit
on behalf of two employees of Ball Aerosol and Specialty Container, Inc.
f/k/a U.S. Can Company in the Circuit Court of Brooke County, West Virginia.
Both workers were exposed to various toxic solvent fumes and vapors while
performing their job duties at Ball Aerosol's Brooke County facility
where metal is coated with paints and finishes. One worker has developed
chronic myelogenous leukemia (CML) and the other worker has developed
poorly differentiated adenocarcinoma of the sigmoid colon. Defendants
include: Ball Aerosol and Specialty Container, Inc., Sal Chemical Co.,
Inc., and Chemical Solvents, Inc. among others.
Mark A. Fitzpatrick, et al.
v. Sal Chemical Co., Inc., et al., Brooke County, W.Va. Circuit Court Civil Action No. 14-C-74.
Read more about this case
here.
Ohio Family Files Lawsuit – Benzene and Formaldehyde Induced Acute
Myelogenous Leukemia (AML)
Hartley Law Group, PLLC , recently filed a lawsuit on behalf of a chemical
worker employed by Bayer Corporation in New Martinsville, West Virginia.
Between 1957 and his retirement in 1994, the decedent's work brought
him into contact with benzene and formaldehyde. In early 2012 he developed
AML and passed in the summer of that year. Benzene and formaldehyde have
been designated as causative agents for AML by the International Agency
for Research on Cancer (IARC). Defendants include: Shell Chemical, Tauber
Oil, Tenneco Oil Company, Exxon Mobil, Valero Energy, BP Amoco, Sunoco,
Ashland, Momentive Speciality Chemicals, and Celanese among others.
Mark Ady, Executor of the Estate of Glenn Ady, v. Shell Chemical, et al., Marshall County, W.Va. Circuit Court Civil Action No. 14-C-51-K
Read more about this case
here.
Mercer County Woman Files Lawsuit against Bluefield, West Virginia Orthopedic
Surgeon Walid Azzo, M.D. for failed ankle surgery.
Hartley Law Group, PLLC and the Bayless Law Firm recently filed a medical
negligence lawsuit on behalf of a Mercer County woman as a result of multiple
ankle surgeries performed by Walid Azzo, M.D. Suit was filed in Mercer
County, West Virginia Circuit Court. The plaintiff fell on the ice at
her home and was taken to Bluefield Regional Medical Center. Dr. Azzo
was called to the Emergency Department by hospital personnel. Dr. Azzo
performed a total of five surgical procedures on the plaintiff which culminated
in the ankle fixation failing.
Dr. Azzo never ordered any post-operative x-rays and he concluded by a
clinical exam that the plaintiff was doing well. No better, she sought
consultation with another physician who took x-rays which revealed that
there was malunion of the fracture. A biopsy of the ankle revealed and
that she had a bone infection which necessitated a lengthy course of intravenous
antibiotics. Ultimately, a salvage surgical procedure to fuse the bones
of her foot took place.
Reed v. Walid H. Azzo, M.D. and Azzo Orthopedics, PLLC , Mercer County, West Virginia Circuit Court, Civil Action No.: 14-C-472-DS.
Read more about this case
here.