SALYERSVILLE – The now former longtime doctor for the nursing home and former administrator filed a civil suit against the Salyersville Nursing and Rehabilitation Center last month.
On May 19, Cody P. McIlvoy, with Golden Law Office, out of Lexington, filed the lawsuit in Magoffin County Circuit Court on behalf of Dr. Charles Hardin and Joshua Calhoun, citing breach of contract when the two were fired last year.
According to the suit, Hardin had been employed by the nursing home for approximately 40 years and was the medical director when he was let go in 2025. Calhoun had been the administrator of the nursing home from April 2019 until May 2025.
Calhoun and Hardin allege in the lawsuit that in early 2025 they had voiced concerns regarding changes in the admission practices and nurse and ancillary services staffing levels and had reported those concerns to the nursing home and the related agencies, also listed as defendants in the case.
In addition to Salyersville Health Operating Company, LLC, doing business as Salyersville Nursing and Rehabilitation Center, the following were listed as defendants in the case: 571 Parkway Drive Realty, LLC; Topaz Financial Services, LLC; Funding Reserve, LLC; Benjamin Landa; Richard Platschek; Moshe Kelman; and Hal Brecher.
Hardin claims his employment and contract was terminated, which was in violation of the terms of his contract, then was further retaliated against by the nursing home when they informed his patients they would be receiving services form a different physician, refusing him access to his patients and their medical records.
“Plaintiffs’ termination was in retaliation for their refusal to violate the law and their protected reporting of patient health and safety violations,” the lawsuit stated.
Their complaint lined out 10 counts of allegations: retaliation, breach of contract, tortious interference with existing and prospective business relationships, wrongful discharge, outrage and intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, concert of action, punitive damages, and causation (loss of wages, compensatory damages, punitive and liquidated damages, court and attorney fees, etc.). The two asked for a trial by jury and a judgment against the defendants for their damages, monetary and otherwise, and any other equitable relief the court deems they are entitled.
No court date has been set in the case at this time.
The suit was filed just before a scathing Lexington Herald-Leader report was released (earlier this week) about nursing home inspections from the Department of Health and Human Services that showed some severe noncompliance, some with the classification of “immediate jeopardy.”
Looking over the inspection reports, there were incidents of sexual harassment between residents that was left unreported, patients pressing call lights for help with incontinence being completely ignored for hours, residents not being routinely weighed and large fluctuations in their weight not noticed or reported, and pressure ulcers not being properly prevented and/or cared for. Several of the reported issues dated back to early 2025, overlapping the time before the two were reportedly fired.
The nursing home and other related defendants have not made any public statements about the lawsuits or the negative state inspections.
The most recent inspection reports, dated for October 2025 and March and May of this year, following up on the open issues showed the facility “had achieved substantial compliance” on such issues and “no deficient practice was identified.”
The Herald-Leader also referenced at least 11 different lawsuits filed by different families against the nursing home since 2021alleging more incidents of care leading to pressure ulcers, infections, malnutrition, unexplained broken bones and even death. Those suits have not been reviewed fully by the SI at this time, but we will continue to follow these reports and cases.
