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Hartley Law Group, PLLC

Discover the latest news and information regarding cases handled by Hartley Law Group, PLLC.

Attorney E. William (Bill) Harvit Joins Hartley Law Group, PLLC

Bill grew up in southern West Virginia where he was taught that your word is your bond and that hard work is mandatory and must be respected. He has tried to uphold these virtues both before and after becoming a lawyer. For 33 years, he has had the privilege of representing hard working people who believe in these same principles. The focus of Bill’s practice is helping people and their families cope with the enormous problems which arise from a serious injury or wrongful death. Regardless of the type of case, each client receives committed and individual treatment. If you, or a family member or friend, have questions or need assistance, Bill can help.

See Our Firm's Announcement here.

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 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.

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