Fairmont care facility resident suing Gov. Morrisey over privatization of state-owned facilities

FAIRMONT, W.Va. (WBOY) — West Virginia State Senator Joey Garcia (D) is representing a woman in an intended lawsuit against West Virginia Gov. Patrick Morrisey (R) and Secretary Michael Caruso of the Department of Health Facilities.

The impending civil lawsuit relates to the sale of John Manchin Sr. Health Care Center in Fairmont, which is one of four state-owned care facilities that Morrisey announced the state would be selling earlier this month.

Garcia gave a 30-day notice of intent to sue on Tuesday, saying that Morrisey and Caruso do not have the authority to privatize those faculties.

“The Governor’s Office has failed to make public the written agreement to sell these facilities, and my client and other residents have many concerns but very little information other than a potential sales deadline of Sept. 30, 2025,” Garcia said in a release. “The only way to protect the residents of John Manchin Sr. now is to fight this in court.”

Garcia said his client, Mary DeVito, will also pursue a writ of mandamus requiring Secretary Caruso and the Department of Health Facilities to continue to maintain, administer and operate the facility.

When he announced the plan to sell the facilities, Gov. Morrisey said that the change would increase patient care, spur investment into the facilities and save the state money.