CHARLESTON — The estate of a Marshall County man who died after being taken from jail to outside hospitals has sued alleging failures to recognize and treat a medical emergency during drug withdrawal.
Pauline Hill, administrator of the estate of her son, Robby Martin Ross Jr., filed the 30-page complaint August 17 in Kanawha Circuit Court against the West Virginia Division of Corrections and Rehabilitation and Wexford Health Sources, which provided inmate medical care at the Northern Regional Jail in Marshall County.
The complaint alleges Ross, 35, was arrested August 22, 2025, on charges related to possession and transportation of fentanyl and was booked into the jail at about 2:55 a.m.
According to the filing, Ross reported heavy daily drug use, including fentanyl, Suboxone and heroin. He also said he was detoxing, according to the complaint, which also said his urine screen was positive for cocaine, THC, amphetamines, benzodiazepines and Suboxone.
Ross’s estate alleges jail and medical staff had information documenting his prior incarceration, substance-withdrawal history and reported history of withdrawal-related seizures. Wexford medical staff prescribed buprenorphine and ordered Clinical Opiate Withdrawal Scale assessments each shift, according to the complaint.
A COWS assessment the morning of August 22 produced a score of 24, which the complaint characterizes as moderate withdrawal. The filing says a nurse later observed Ross could not stand without help, had fallen and was shaking throughout his body.
The complaint alleges Ross was to be placed in medical observation but remained in booking, and that correctional staff did not alert medical personnel to his severe symptoms or transfer him to the medical unit.
Ross remained housed in medical the following day, the lawsuit says. A COWS assessment early August 23 reflected a score of 21, along with elevated pulse, severe joint and muscle pain, nausea or loose stool, anxiety, enlarged pupils and other reported withdrawal symptoms.
The filing alleges Ross had repeated vomiting episodes and declined a dose of buprenorphine on the evening of August 23.
The next day, according to the complaint, medical staff found him pale and poorly responsive, with labored breathing and abnormal vital signs. Staff reported they could not obtain a heart rate or oxygen level and found vomit in his cell and on his body.
The lawsuit says medical staff called emergency medical services at 11:36 a.m. August 24. While awaiting EMS, staff used ammonia twice and administered Narcan once, according to the complaint.
Marshall County EMS arrived at 11:51 a.m. and recorded that jail nursing staff said Ross had been under their care for more than 24 hours and had experienced a steady decline in his condition, according to the filing.
Ross was taken to Reynolds Memorial Hospital, where he was reportedly unresponsive, hypoxic, hypotensive and tachycardic. He suffered cardiac arrest and was later transferred to Ruby Memorial Hospital, where he remained on a ventilator and life support until his death September 1, 2025, the complaint says.
His death certificate listed hypoxic ischemic encephalopathy, cardiogenic shock and an unspecified myocardial infarction as causes of death, according to the lawsuit.
The estate asserts deliberate indifference, negligence and negligent training, supervision and retention claims against the DCR. It alleges corrections officers failed to perform required safety and detox checks, obtain medical assistance and ensure Ross received proper care while in jail custody.
The complaint also accuses Wexford of medical professional negligence, negligent training and supervision, and deliberate indifference. It alleges Wexford staff failed to properly assess Ross, monitor his vital signs, follow detox protocols, recognize his history of withdrawal-related seizures, obtain a physician-level assessment and transfer him for a higher level of care sooner.
The estate seeks damages for Ross’s pain and suffering before death, wrongful-death damages, medical and funeral expenses, attorney fees and interest. It seeks punitive damages against Wexford, alleging its conduct was willful, wanton or undertaken with reckless disregard.
Hill is being represented by L. Dante diTrapano, Amanda J. Davis and Charles F. Bellomy of Calwell Luce diTrapano in Charleston as well as by W. Jesse Forbes, Jennifer N. Taylor and Michael D. Heidenreich of Forbes Law Offices in Charleston and by Anthony I. Werner of John & Werner Law Offices in Charleston.
The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 26-C-995
