CHARLESTON, W.Va. — State Attorney General Patrick Morrisey announced Wednesday that his office’s Medicaid Fraud Control Unit (MFCU) has filed criminal charges against two Hopemont Hospital nursing staff members in connection with last January’s scalding death of a non-verbal patient.
The MFCU charged Kylah Beard, CNA, of Morgantown, and Delilah Clayburn-Hill, RN, of Buckhannon, with felony neglect of an incapacitated adult by a caregiver resulting in the incapacitated adult’s death.
“This is a very disturbing case and there needs to be accountability for the horrific death of the victim, Mr. Larry Hedrick, who was supposed to be under the care of medical professionals,” Morrisey said. “Our MFCU investigators and our office will assist Prosecutor Shay and his team in any way we can to make sure justice is served.”
The MFCU’s investigation said that on Jan. 4, 2024, Beard helped the 61-year-old Hedrick into a tub for a bath but failed to check the water temperature gauge. Hedrick, who required round-the-clock care, was left in the 134-degree water for 47 minutes.
Michael Folio, legal director of Disability Rights of West Virginia said the two employees knew there was a malfunction with a part on the tub, but manually took temperatures instead of not using the piece of equipment.
“They were actually taking water temperatures at the source of this area where the decedent died,” Folio said. ” They knew exactly what the temperatures were, they this (problem) existed for a month or two before and despite that they still placed him in the whirlpool and allowed to be boiled alive.”
Investigators said the lengthy exposure to the scalding hot water caused second and third-degree burns and blisters on the Hedrick’s feet and legs. Hedrick died at the West Penn Burn Unit in Pittsburgh eight days later.
Folio said documents uncovered during the investigation showed the repair was not an expensive one.
“The invoices that were provided to us after the death indicated that this was a pretty insignificant repair that could have been and should have been done at a very nominal price,” Folio said.
Investigators allege Clayburn-Hill failed to implement appropriate treatment and therapy for Hedrick’s injuries, including the lack of pain medication.
Folio said he hopes Governor-elect Patrick Morrisey will take a close look at the state-run facilities during his term.
“He’s going to the boss and once he’s the boss if he starts picking up the rocks and looking under them he’s going to see to see major problems with abuse and neglect at the state-run facilities,” Folio said.
Hill and Beard are scheduled for an initial appearance in Preston County Magistrate Court at 2 p.m. on Jan. 29.
The case will be prosecuted by Preston County Prosecuting Attorney Jay Shay, Morrisey said.
Hopemont Hospital is located in Preston County.