Woodland Oaks trial to start at end of month

Published 9:58 am Tuesday, November 9, 2010

PROCTORVILLE — The retrial of the civil suit between a Proctorville doctor and an Ashland, Ky., nursing home is set to begin Nov. 30.

The courtroom of Boyd Circuit Judge C. David Hagerman will be the site for the case between Proctorville physician Matthew C. Wilson, M.D. as executor of the estate of Mabel Hague, his aunt, and Woodland Oaks Manor in Ashland.

Wilson is an allergist and owner of Tri-State Allergies with offices in Huntington, W.Va., and Ashland.

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This will be the third try to resolve the case. The first time the case came to trial was in July of 2008 and ended when Hagerman declared a mistrial before jury selection. That was because of irregularities in the voir dire process, Hagerman said.

A year ago in November a second trial also ended in a mistrial when a jury was unable to reach a verdict.

Wilson has alleged that the nursing home “failed to discharge its obligation to care for Mrs. Hague.”

The complaint, which was originally filed in September of 2004, also charges that “as a consequence Mrs. Hague suffered from dehydration, malnutrition and pseudomonas urinary tract infection with gram positive cocci, and died on Aug. 3, 2003.”

Mrs. Hague had entered Woodland Oaks in May of 2003.

Cheryl Harrison of Frankfort, attorney for the nursing home, was not available for comment.