Fri. Jan 10th, 2025

Hopemont Hospital in Terra Alta, West Virginia. (West Virginia Department of Health photo)

Two former nursing staff members of a state-run hospital have been charged in the death of an elderly, non-verbal patient left in scalding hot water during an incident there last year. 

Kylah Beard, a certified nursing assistant of Morgantown, West Virginia, and Delilah Clayburn-Hill, a registered nurse of Buckhannon, West Virginia, each face a charge of felony neglect of an incapacitated adult by a caregiver resulting in the incapacitated adult’s death, according to a news release Wednesday by the office of Attorney General Patrick Morrisey. 

The Jan. 4, 2024 death at Hopemont Hospital, a 98-bed long-term care facility in Preston County, raised concerns about how the state health department vets staff who care for vulnerable individuals.

The patient, identified by Morrisey’s office as Larry Hedrick, was placed in a whirlpool with a water temperature of 134 degrees and left in the tub for at least 47 minutes, according to Morrisey’s office and Disability Rights West Virginia, both of which investigated the patient’s death. Hedrick required round-the-clock care.

“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 in the news release. “Our [Medicaid Fraud Control Unit] investigators and our office will assist [Preston County Prosecutor James Shay] and his team in any way we can to make sure justice is served.”

The attorney general office investigation found that Beard helped Hedrick into a tub to give him a bath, but she unreasonably failed to check the water temperature gauge, the news release said.

Exposure to the water caused second- and third-degree burns and blisters on the man’s feet and legs, the attorney general’s office said. Hill, the nurse, was informed about the burns and blisters, but investigators identified multiple failures in her care such as allegedly failing to implement appropriate treatment and therapy for his injuries “including but not limited to the use of pain medication,” Morrisey’s news release said. 

Mike Folio, DRWV legal director, said last year his investigation revealed hospital staff were aware of a malfunctioning water tank thermostat that caused the high water temperature and failed to fix it prior to the death.

The state Department of Health Facilities told West Virginia Watch last year that in the wake of the incident, three contract staff members and one employed by the state no longer work at Hopemont Hospital. 

A spokeswoman for the department said Thursday that Beard and Hill were contract workers for the hospital and that the department immediately severed its relationship with them. The Department of Health Facilities is cooperating with law enforcement and the attorney general’s office as they investigate the case, she said. 

“Patient safety is DHF’s number one priority,” said Annie Moore, director of communication for the state Office of Shared Administration. “Anytime a patient’s safety is put at risk, it is critically important to hold those responsible accountable. We remain committed to ensuring the safety and well-being of our patients and to upholding the highest standards of care across all our facilities.”

The man was later taken to West Penn Hospital Nursing-Burn Trauma Unit in Pittsburgh. He died from his injuries Jan. 12, 2024.

Morrisey’s office said its investigation focused on people who provided hands-on care for Hedrick on the day of the incident. The unit is continuing to investigate people who did not provide hands on care to him that date but whose actions may have allegedly violated state statutes.

Any findings would be forwarded to the Preston County Prosecuting Attorney for review, the news release said.

Hill and Beard are set to appear before Preston County Magistrate Court at 2 p.m. on Jan. 29.

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