Non-verbal patient allegedly left in scalding hot bath
West Virginia Press Association
CHARLESTON, W.Va. — West Virginia Attorney General Patrick Morrisey on Wednesday announced that his Medicaid Fraud Control Unit (MFCU) has filed criminal charges against two Hopemont Hospital nursing staff members in connection with the death of a non-verbal patient in January 2024.
The MFCU investigated the case and recommended the charges, which were approved by and will be prosecuted by Preston County Prosecuting Attorney Jay Shay and his team.
The MFCU charged Kylah Beard (certified nursing assistant), of Morgantown, and Delilah Clayburn-Hill (registered nurse), of Buckhannon, with felony neglect of an incapacitated adult by a caregiver resulting in the incapacitated adult’s death.
Hill and Beard are scheduled for an initial appearance in Preston County Magistrate Court at 2 p.m. on Jan. 29. The filing of criminal charges is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“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,” Attorney General 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 into the Jan. 4, 2024, incident determined Beard helped the 61-year-old Hedrick into a tub to give him a bath, but she unreasonably failed to check the water temperature gauge, allegedly leaving Hedrick, who required round-the-clock care, submerged in the 134-degree water for 47 minutes.
That lengthy exposure to the scalding hot water caused second- and third-degree burns and blisters on the man’s feet and legs.
Hill 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.”
Hedrick was later taken to West Penn Hospital Nursing-Burn Trauma Unit. He succumbed to his injuries Jan. 12, 2024.
MFCU’s investigation focused on the alleged actions taken by those individuals who provided “hands-on” care to Hedrick on Jan. 4, 2024. The MFCU is continuing to investigate the alleged actions of other individuals who did not provide “hands-on” care to Hedrick on that date, but whose actions also may have allegedly violated the state’s criminal statutes. If so, the MFCU will report those findings to the Preston County Prosecuting Attorney for his review and consideration.
