The Greenbrier Clinic
BECKLEY – A Monroe County woman has filed a federal class action against The Greenbrier Clinic alleging the facility provided deficient mammograms to more than 1,000 patients for more than two years before the FDA forced it to stop performing the screenings.
Tabitha Martin, filed her complaint April 7 against the clinic, which operates as part of the historic Greenbrier Resort in White Sulphur Springs.
According to the complaint, Martin visited the clinic on February 13 for a mammogram. The clinic’s report classified her results as benign and assured her the screening was reliable because “high-resolution real-time ultrasound images ... were obtained.”
But five weeks later, Martin and other clinic patients received a letter saying “there is a serious concern about the quality of the mammography that our facility performed between October 28, 2023 and February 26, 2026.”
The March 23 letter said the federal Food and Drug Administration required the clinic “to stop performing mammograms as of February 26, 2026” after determining the facility “failed to meet the clinical image quality standards established by [its] accreditation body.”
The clinic also said “most patients will need to have their mammogram(s) performed at [the] facility reviewed to determine whether a repeat mammogram at another facility is needed.”
Martin claims the mammograms she and others received “were of different, deficient, inferior and lesser value compared to what defendant had represented them to be.” She also says the clinic has not reimbursed patients or their insurers for the services.
She says she “went from having every reason to believe she was not at risk for breast cancer, to having no reason at all to believe that she was not at risk for breast cancer,” causing significant emotional distress.
The complaint highlights the clinic's own marketing, which advertises “state-of-the-art diagnostic technologies” and touts its 3D mammography as “one of the latest technological innovations in women's healthcare” that “improves accuracy and can help detect breast cancer earlier.”
The proposed class includes about 1,000 patients who received mammograms during the affected period and received the March 23 notification letter. Because of the resort’s affluent clientele, the complaint says those patients reside across the country and internationally.
The Greenbrier Resort, which is owned by U.S. Senator Jim Justice, markets premium medical services, including a $3,500 cash-only “Executive Health” two-day physical and a “Concierge Medicine” program with out-of-pocket annual membership fees.
Martin accuses the clinic of unfair and deceptive acts and practices, unjust enrichment, breach of contract, fraudulent or misleading representations and negligent infliction of emotional distress.
She seeks actual and statutory damages under the West Virginia Consumer Credit and Protection Act, disgorgement of profits, contract damages and attorney fees.
Martin is represented by Anthony J. Majestro and Graham B. Platz of Powell & Majestro in Charleston, D. Adrian Hoosier II of Hoosier Law Firm in Charleston and Stephen G. Skinner and Shawn H. Hogbin of Skinner Law Firm in Charles Town.
U.S. District Court for the Southern District of West Virginia case number 5:26-cv-00252
