The Greenbrier Clinic
LEWISBURG – A second class action lawsuit has been filed regarding deficient mammograms at The Greenbrier Clinic.
This lawsuit was filed April 8 in Greenbrier Circuit Court by a woman identified only as E.H. against the clinic, which is the healthcare facility at The Greenbrier Resort, which is owned by U.S. Senator Jim Justice and his family.
It was filed a day after a similar class action was filed in federal court against the facility alleging the clinic provided subpar mammograms to more than 1,000 patients for more than two years before the FDA forced it to stop performing the screenings.
According to the Greenbrier County complaint, the clinic provided faulty mammograms to hundreds of West Virginia patients for more than two years despite marketing itself as offering “state-of-the-art” diagnostic services, including 3D mammography and holding itself out as an accredited facility under the federal Mammography Quality Standards Act.
E.H., the named plaintiff, says she received a mammogram at the clinic around May 2024, relying on those representations, and paid market rate for the service.
In late March, E.H. and other patients received a letter from the clinic saying mammograms performed from October 2023 to February 2026 were defective.
The complaint alleges the clinic concealed that it was not performing mammograms in compliance with the MQSA or its accreditation body, and that the images contained “serious image quality deficiencies” posing a “serious risk to human health.”
E.H. contends the patients can no longer rely on the results, and she says the clinic never refunded or reimbursed patients.
“As a result of the defective mammograms, the plaintiff and the putative class members could no longer rely on the results from their mammograms,” the complaint states. “The plaintiff and the putative class members took the test and needed to rely on the results for their own health, the class members did rely on the efficacy of the tests. As a result, the plaintiff and the putative class members could no longer rely on the tests which are now useless and pointless.
“The mammograms provided to plaintiff and the putative class members were of different, deficient, inferior, and lesser value compared to what defendant had represented them to be. …
“In fact, the mammograms were the worst kind of health care because they gave her and others the impression that they were accurate when in fact they were not dependably accurate.”
The plaintiff accuses the clinic of breach of contract and unjust enrichment. A footnote also says she plans to amend the complaint to add West Virginia Consumer Credit and Protection Act claims after the statutory cure period expires.
Other than class certification, the plaintiff seeks general and special compensatory damages, disgorgement of wrongfully obtained profits, contract damages and other relief.
E.H. is being represented by Troy N. Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston.
Greenbrier Circuit Court case number 26-C-50
