Southern Regional Jail in Beaver in Raleigh County
CHARLESTON – The mother of a Fayette County man says improper care of a toothache led to his death while he was in jail.
Glenna L. Kenney, as administratrix of the estate of Billie James Kenney, filed her complaint November 12 in Kanawha Circuit Court against Mountain State Oral & Facial Surgery, Dr. Jose G. Ravelo and Wexford Health Sources Inc.
Wexford provides professional health care services to inmates in custody of the West Virginia Division of Corrections and Rehabilitation, including the Southern Regional Jail in Raleigh County.
diTrapano
“The combined negligence of the defendants killed Billie Kenney while in their care and custody,” attorney L. Dante diTrapano told The West Virginia Record. “Apparently inmate patients can’t even receive competent dental care without risking their lives. This is atrocious and should have never happened. We look forward to litigating this case.”
Kenney was arrested May 19, 2023 on minor charges and jailed as an inmate at SRJ. Less than a month later, a jail nurse noted Kenney had a toothache he said was throbbing, according to the complaint. He was prescribed Ibuprofen. Dr. Short, a dentist, prescribed the antibiotic Cleocin as well, and Kenney took one dose.
On August 1, 2023, a dental referral for surgical extractions was completed by Wexford, and Short prescribed Cleocin again, according to the complaint. Kenney took 13 doses. Kenney again was complaining of a sharp tooth ache on October 3, 2023. Ibuprofen again was prescribed, and he was referred to the dentist. Short prescribed clindamycin on October 17, 2023, and the previous referral for extraction was submitted again on the same date. Kenney received 11 doses of the antibiotic before it was stopped.
On November 15, 2023, Mountain State Oral & Facial Surgery extracted two of Kenney’s teeth.
“The patient health forms completed on the day of the surgery do not include the medical records from Wexford which reflect the drugs that Mr. Kenney abused,” the complaint states. “The patient health form states that Mr. Kenney has no allergies. The Wexford records report that Mr. Kenney cannot take Tylenol.
“Dr. Ravelo, oral surgeon, reported that Mr. Kenney became ‘very combative’ during the procedure. The sedation record for the dental extraction shows that Decadron, Fentanyl, Versed, Zofran, Propofol, Ketamine, Lidocaine, Septocaine, Marcaine and Citanest were administered to sedate Mr. Kenney for the extraction.”
Surgical and post-surgical records show Kenney’s pulse was elevated during the procedure and remained so at discharge, according to the complaint. It also says the EKG from the procedure shows an abnormal reading that could indicate ischemia or MI. At discharge, Kenney was noted as drowsy. He was prescribed Motrin, Amoxicillin and Peridex.
“Despite the elevated pulse, abnormal EKG strip and persistent drowsiness, defendants Ravelo and MSOFS released Mr. Kenney to return to the jail rather than sending him to the emergency room,” the complaint states.
Kenney returned to the jail at 12:21 p.m. and was kept in the medical area for observation. During medical checks, a nurse found Kenney unresponsive at 3:30 p.m., and medical staff soon began CPR. Narcan also was administered, according to the complaint.
According to a West Virginia State Police investigation report, Kenney was last seen in his cell at 1:01 p.m. when a corrections officer gave him fresh gauze for his mouth as instructed by medical staff.
“There is no indication that Wexford checked on Mr. Kenney from the time he returned until he was found pulseless, cold and cyanotic,” the complaint states. “Rather it appears that Wexford medical staff delegated the follow-up care of Mr. Kenney to the medically untrained WVDCR corrections staff.
“Moreover, it does not appear that Wexford medical staff obtained the medical records from defendant MSOFS.”
The estate accuses the defendants of medical negligence, and it accuses Wexford of negligent training and supervision. It seeks compensatory damages for Kenney’s injuries and death, including past and future lost and/or diminished household services as well past and future lost earnings and/or earning capacity. It also seeks punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano and Charles Bellomy of Calwell Luce diTrapano in Charleston and by Jesse Forbes and Jennifer Taylor of Forbes Law Offices in Charleston. The case has been assigned to Circuit Judge Richard D. Lindsay.
Kanawha Circuit Court case number 25-C-1351
