McDowell County Heir Sues To Keep Hospital Open

Editor’s Note: This story has been updated to reflect new comments from the Department of Health Facilities.

Greg Harman, a McDowell County resident whose great uncle donated the land for what is now the Welch Community Hospital, has filed a lawsuit he hopes will keep the hospital open.  

“He’s an original heir of the donor, who was Jacob J. Sperry, [who] donated the land in 1899 to fulfill a state bill that the legislature passed to create three miner hospitals across the state. One was specified for McDowell County,” Bucky Lewis, Harman’s attorney, said. “He donated it for the purpose of creating Miners Hospital Number One. The agreement was, basically, if the state abandons the hospital or ceases to occupy the hospital, then it would revert. The property would revert back to the original grantor or his heirs.” 

Earlier this month, Harman said he’d been offered $5,000 to sell his rights to the land. 

“This would infer that the West Virginia Department Of Health Facilities, which presently operates the hospital, wants to either sell the property or change its usage,” Harman posted on Facebook. “I do not want to do anything that could lead to the loss of the county’s only remaining health facility.” 

Instead, he’s filed suit, asking a court to protect the public’s interest in continued healthcare access. 

“You’ve had countless, numerous, hundreds of people that have been saved, their lives have been saved and extended by this hospital, and what our lawsuit is all about is making sure that a judge oversees the future use of the hospital,” Lewis said.  

Late Wednesday, in response to a request for comment from West Virginia Public Broadcasting, the Department of Health Facilities said in an email that the Department of Health Facilities is “committed to ensuring that Welch Community Hospital continues serving the people of McDowell County.”   

“Like many rural hospitals, Welch Community Hospital faces significant financial challenges. The department is evaluating a range of options to strengthen the hospital’s long-term sustainability, preserve access to care, and identify opportunities to enhance services for the community,” the email said. “That review remains in its early stages, and no decisions have been made regarding the hospital’s long-term structure or ownership. As part of that process, the department is conducting an exploratory assessment, including reviewing the state’s reversionary interest contained in the original deed. That review is one component of a broader effort to identify the best path forward for the hospital and the community it serves.” 

The case is pending before Judge Rudolph J. Murensky II in McDowell County Circuit Court.