CHARLESTON – The mother of a two-year-old disabled girl says a home health nurse’s negligence is responsible for her death.
Amanda Dailey, as administratrix of the estate of Avyanna Shinn, filed her complaint October 8 in Kanawha Circuit Court against Maxim Healthcare Services Inc. and LPN Jacob Ratliff.
Shinn, a minor, was born with Phelan-McDermid Syndrome, a rare genetic disorder. She was dependent on a ventilator and tracheostomy for life-sustaining functions and activities of daily living, including breathing and sleeping. The complaint says she was under the care of Maxim and Ratliff, a home health nurse. Maxim, which is based in Maryland, with a regional office in Charleston.
diTrapano
“Any time that a parent is forced to outlive their child it is an unspeakable tragedy,” attorney L. Dante diTrapano told The West Virginia Record. “What makes this case even more horrific is that Avyanna’s death was completely preventable.
“The family looks forward to their day in court so that those responsible are held accountable.”
In 2024, Maxim worked in all 55 counties and employed 259 caregivers from the Charleston office.
On August 21, Ratliff was working as a home health nurse for Shinn in Mason County.
“In his role as an LPN and home health nurse … Ratliff’s role included, but was not limited to, ensuring that Avyanna received ventilator support in order to breathe, including ventilator support when Avyanna was put down for a nap,” the complaint states.
At about 10 a.m., Ratliff arrived at the home to assume his responsibilities. At about 11:14 a.m., Avyanna woke up and was brought from her crib in Dailey’s bedroom to the family room by Ratliff and Dailey. Before she was removed from the crib, Avyanna was transitions from a stationary ventilator to a portable one by Ratliff.
At about 2:46 p.m., Ratliff and Dailey took her back to her crib for a nap.
“Ratliff was responsible for ensuring that Avyanna was correctly hooked to the bedroom ventilator and that the ventilator was turned on and operational so Avyanna could breathe,” the complaint states. “Ratliff failed to correctly hook Avyanna to her ventilator, power the ventilator on, and/or start the ventilator. As a result, Avyanna was deprived of ventilator support during her nap.”
The complaint says Ratliff failed to check on Avyanna during her nap.
“Avyanna’s lifeless body was discovered by her mother, Amanda, at approximately 4:27 p.m., who immediately called 9-11,” the complaint states. “When Cabell County EMS arrived, Avyanna was apneic, pulseless, limp, unresponsive to stimuli, pale in appearance, had mottled extremities and was cool to the touch.
“Per the EMS run sheet, Defendant Ratliff was ‘standing in the corner of the room, not assisting with CPR at the time of EMS arrival’ while two Mason County deputies attempted to save Avyanna’s life.
“Avyanna was transported emergently to Cabell Huntington Hospital by Cabell County EMS, where she was pronounced dead. … Avyanna suffocated to death in her own home, feet away from a mother who would have done anything in her power to save her only daughter.”
The estate accuses the defendants of negligence in violation of the West Virginia Medical Professional Liability Act. It seeks compensatory damages, general damages, special damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano, Timothy D. Houston and David H. Carriger of Calwell Luce diTrapano in Charleston. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number number 25-C-1200
