West Virginia Attorney General and soon-to-be Governor, Patrick Morrisey announced in a Wednesday morning press release that criminal neglect charges have been filed against two Hopemont Hospital nurses in connection with the January 2024 death of an elderly nonverbal patient in long-term state care.
Kylah Beard of Morgantown, a certified nursing assistant, and Delilah Clayburn-Hill of Buckhannon, a registered nurse, have been charged 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 in a release. “Our Medicaid Fraud Control Unit (MFCU) investigators and our office will assist Prosecutor Shay and his team in any way we can to make sure justice is served.”
Preston County Prosecuting Attorney Jay Shay and his team will handle the case.
The MFCU’s investigation found that on Jan. 4, 2024, Beard allegedly failed to check the temperature of Hedrick’s bathwater after helping him in the tub and left him submerged in 134-degree water for 47 minutes where the patient sustained second and third-degree burns and blisters.
Hedrick was later taken to West Penn Hospital Nursing-Burn Trauma Unit in western Pennsylvania. He succumbed to his injuries on Jan. 12, 2024.
According to documents obtained by WVPB, the criminal complaints were filed on Dec. 17 in Preston County by a Medicaid Fraud Control Unit Investigator from the attorney general’s office.
Hill, a registered nurse, was informed of the burns and blisters but did not treat Hedrick, according to the criminal complaint.
Mike Folio, the legal director of Disability Rights of West Virginia has also been investigating the incident.
“The only reason that this saw the light of day, quite frankly, was we did an investigation,” Folio said. “Incumbent Morrisey’s office did their investigation and were able to report the facts. But sadly this individual died and he was boiled alive. He should never have been placed in that whirlpool.”
Hill and Beard are scheduled for an initial appearance in Preston County Magistrate Court at 2 p.m. on Jan. 29.
Preston County Prosecuting Attorney Shay did not respond to a request for comment.
The West Virginia Department of Health Facilities did not respond to a request for comment.
