On November 8, a civil lawsuit was filed against the Marion County Rescue Squad by Barbara Pulice, representing her late husband, Anthony Pulice, who allegedly died due to their negligent actions. The suit stems from an incident in 2019 when EMTs reportedly dropped Pulice from a gurney onto the pavement while unloading him at Fairmont Regional Medical Center. Court documents state that this negligence caused Pulice to sustain severe brain injuries, ultimately leading to his death on October 3, 2019. The lawsuit outlines the standard of care breaches and reckless conduct attributed to the Rescue Squad, arguing that the injuries Pulice suffered were preventable and led to significant medical and funeral expenses amounting to $207,000.
The complaint explicitly claims that the Rescue Squad failed to secure Pulice properly to the gurney and did not maintain control over the equipment while in transit. In addition to compensatory damages for medical and funeral expenses, Duke Pulice seeks an award for the emotional distress suffered by Anthony Pulice Jr. following his father’s death, as well as punitive damages to reflect the gravity of the case. Meanwhile, the Marion County Rescue Squad has denied responsibility for the allegations, stating through their attorney that the gurney tipped over as a result of hitting a pothole, which they claim was neither negligent nor improper conduct by their staff.
In a related legal maneuver, the Marion County Rescue Squad filed a third-party lawsuit against Alecto Healthcare Services LLC and Alecto Healthcare Services Fairmont LLC, accusing them of failing to ensure safety in the unloading area at Fairmont Regional Medical Center. The Rescue Squad argues that Alecto, as the owner and operator of the hospital, was responsible for maintaining safe conditions. Alecto has denied any liability, asserting that they did not provide health care infrastructure services in West Virginia or own the hospital at the relevant time, invoking corporate law principles to defend against responsibility for the actions of their subsidiaries.
The legal proceedings have seen delays, with the case initially put on hold before Barbara Pulice’s attorney successfully moved to lift the stay this year. At a hearing, Judge Patrick Wilson permitted the case to progress towards trial, and a motion was later filed that saw Alecto Healthcare and its subsidiary dismissed from the case, although they will remain on the jury’s instruction sheet for contextual consideration regarding fault allocation. The case had been stagnant since 2020, and the recent developments signal a potential move toward resolution in court.
Jury selection for the case took place on October 24, yet a date for the actual trial has not been publicly announced as of now. This delay underscores the complexities involved in civil suits stemming from medical incidents, particularly where multiple parties hold potential liability. Both sides of the lawsuit seem poised for a battle of legal interpretation regarding the specifics of liability, contributing factors to the accident, and the standard of care expected from medical responders in emergencies.
This case illustrates the challenges inherent in legal disputes surrounding medical negligence and emergency services, notably how interpretations of responsibility can be complicated by the involvement of multiple organizations. As the story unfolds, it not only highlights the specific circumstances surrounding Anthony Pulice’s death but also emphasizes the broader implications of accountability among healthcare providers and emergency responders. The outcomes of such cases may set a precedent in similar situations, stressing the importance of maintaining safety and adherence to established medical standards in high-stakes environments.