Hartley Law Group, PLLC has filed a wrongful death lawsuit against a Charleston intermediate care facility for the death of a fifty-four-year-old disabled man.
The complaint, filed October 15, 2026 in Kanawha County Circuit Court, lists Res-Care, Inc., RSCR West Virginia, and REM West Virginia, LLC as defendants. The plaintiff is Catherine Sue Cooper on behalf of the Estate of Kenneth Edward Dunlap.
Mr. Dunlap had cerebral Palsy, a profound intellectual disability, a seizure disorder, was nonverbal, used a wheelchair, had a history of agitation and impulsive behavior, difficulty swallowing and required a pureed diet, was incontinent, required close supervision and depended on its staff for assistance with his daily care, including repositioning and personal hygiene. He also was at risk for pressure injuries.
On May 15, 2025, he was admitted to Res-Care’s Ruffner Avenue facility following a hospitalization at CAMC for severe sepsis, pneumonia, constipation, and dehydration. The complaint states that ResCare’s nursing staff did not do an admission assessment of his skin or pressure injury risk, and they did not develop a plan of care addressing that risk, his hydration and nutrition, or his need for supervision. Medical records show the first pressure risk injury assessment was not done until over a month after his admission.
Initial pressure wounds and injuries developed within the first 15 days of his admission. During this time, ResCare did not provide a pressure-redistributing mattress or a pressure-relieving cushion, did not limit the time he spent sitting up in his wheelchair, did not institute a turning and repositioning schedule, did not provide protein supplements or fortified foods to promote healing, and did not provide the close supervision his condition and behavior required. He was taken to CAMC where a wound assessment showed a deep tissue injury on his left hip.
On June 6, 2026 ResCare again sent Mr. Dunlap to CAMC for difficulty swallowing. Doctors there noted a black wound on his right upper extremity and additional upper extremity wounds. Despite nursing staff and a plastic surgeon documenting worsening wounds, ResCare did not provide a pressure-redistributing mattress or wheelchair cushion, did not limit his time in his wheelchair, did not order or provide dietary protein supplements, and did not keep routine wound assessments recording the measurements and condition of his wounds.
ResCare sent him to CAMC on June 24, 2026 for right elbow swelling and a possible right arm infection. He was diagnosed with olecranon bursitis of the right elbow and a pressure sore, and he was returned to ResCare on antibiotics, with instructions to keep a pressure dressing over the elbow to prevent further skin breakdown. The next day, ResCare ordered a pressure-relieving cushion and a low-air-loss mattress for Mr. Dunlap.
Despite orders from the wound care center at WVU Medicine Thomas Hospital that Mr. Dunlap be turned and repositioned every two hours, pressure avoided on his wounds for longer than 30 minutes and that he receive 100 grams of protein every day, medical records from ResCare do not document that this was done.
Mr. Dunlap’s wounds became infected, requiring two debridement surgeries. Despite this, the wounds worsened and his nutritional status declined. He died on September 15, 2026.
The wrongful death lawsuit targets Res-Care, Inc. and its corporate entities under the doctrine of vicarious liability, holding them responsible for the actions of their staff, representatives, and contract workers. The case seeks compensatory damages and punitive damages, as well as post-judgment interests, court costs, attorney fees and other relief.
If you or a loved one has suffered as a result of medical negligence or medical malpractice, you are not alone. Hartley Law Group is here to help you seek justice. We are here for our clients when they need us most. Send us a message online or call us at 1.304.233.0777 to schedule a consultation.
