EDITOR’S NOTE: The Dominion Post reporter David Beard is not related to Kylah Beard, one of the accused in this case.
MORGANTOWN – Two former Hopemont Hospital employees were charged on Wednesday with malicious neglect of an incapacitated adult causing death. They face fines of up to $5,000 and 5-15 years in prison if convicted.
Kylah Beard, certified nursing assistant, of Morgantown, and Delilah Clayburn-Hill, registered nurse, of Buckhannon, were arraigned Wednesday in Preston County Magistrate Court. A preliminary hearing is set for Feb. 14.
The case involves a nonverbal 61-year-old Hopemont patient, Larry Hedrick, with dementia and other medical conditions who required total care, and suffered severe burns in a whirlpool bath on Jan. 4, 2024. He subsequently died in Pittsburgh.
Former Attorney General Patrick Morrisey (now governor) announced on Jan. 8 this year that the AG office’s Medicaid Fraud Control Unit had filed criminal charges against the two. The fraud unit 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.
Medication Fraud Control Unit Investigator Terry Keelin submitted the criminal complaints for Beard and Clayburn-Hill.
Beard’s complaint says she “intentionally and maliciously failed to provide the care necessary to Larry Hedrick’s physical safety or health.”
Clayburn-Hill’s lengthier complaint also cites the intentional and malicious failure. It says she failed to conduct a nursing assessment following the incident. She also failed to identify changes in Hedrick’s health status or to comprehend clinical implications of his signs symptoms and changes.
She failed to apply nursing knowledge, the complaint says, and failed to implement appropriate treatment for the injuries, including administering pain medication. She failed to demonstrate attentiveness and monitoring, and failed to explain to the doctor the severity of Hedrick’s condition.
“Hill intentionally and maliciously failed to take preventative measures to protect the patient by allowing Hedrick to suffer from burns and blisters for hours without providing appropriate medical intervention,” the complaint says.
Morrisey’s Jan. 8 announcement adds more details.
Hedrick was placed in a whirlpool bath and subjected to hot water temperatures of 134 degrees Fahrenheit and suffered multiple burns. He was transferred to Preston Memorial where it was determined he had second-degree burns across 35% of his body.
Morrisey said that the fraud unit’s investigation determined Beard helped Hedrick into the 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, blisters on the man’s feet and legs and peeling of his skin.
Clayburn-Hill was informed about the burns and blisters, but investigators identified multiple failures in her care.
Following Hedrick’s transfer to Preston Memorial, he was taken to West Penn Hospital Nursing-Burn Trauma Unit. He succumbed to his injuries Jan. 12, 2024.
Morrisey said the fraud unit “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.”
Legislators learned in May 2024, from the state Office of Inspector General, that along with Beard and Clayburn-Hill, another nursing assistant and a maintenance supervisor were no longer employed at Hopemont.
They learned at that time that on Jan. 11, 2024, Hopemont adopted a bathing policy which includes taking water temperatures prior to individual resident bathing to ensure a temperature of no higher than 110 degrees, and supervision of residents during bathing to prevent harm.
They also learned that a March 26, 2024, follow-up report said, “The facility was found to have corrected the previously cited deficient practices.”
