Choking Death of Philadelphia Nursing Home Resident leads to Pennsylvania Attorney General Taking over DNA Testing

A hair discovered on a paper wipe found lodged in the throat of Cheryl Yewdall, a 50 year-old Philadelphia nursing home resident with cerebral palsy and intellectual disabilities, was recently ordered by a judge to be sent out for private DNA testing as part of an ongoing criminal investigation into the woman’s mysterious choking death in 2022. Before evidence could be sent to the lab, the Pennsylvania AG’s office stepped in to take control of the testing.

The Pennsylvania attorney general’s office has involved itself in the DNA testing of a hair discovered on a wipe removed from the trachea of a Philadelphia nursing home resident who later died, says an article in U.S. News & World Report.

Stuck to a wipe pulled from the windpipe of 50 year-old Philadelphia nursing home resident Cheryl Yewdall prior to her death, the hair was discovered by a pathologist for Yewdall’s family after having apparently been missed by Philadelphia investigators. The wrongful death attorney for the family requested a judge order DNA testing of the hair, which could potentially shed light on whether Yewdall’s death was an accident or a homicide.

According to the article, the state attorney general’s office originally appeared unwilling to get involved with the DNA testing; however, after Philadelphia was subpoenaed to turn over the evidence to a laboratory of the family’s choosing, the AG’s office took control of the evidence and will see the testing performed as ordered. The family’s wrongful death attorney subsequently withdrew his demand for private DNA testing, citing “pending criminal investigation” as the reason.

The investigation began nearly three years ago after Yewdall, a resident of the Merakey Woodhaven facility in Philadelphia, died five days after she was discovered lying face down on the floor of the facility, lips blue, lying in a pool of urine. At the hospital a 7-by-10-inch wipe was pulled from her airway; the medical examiner could not determine how the wipe appeared in Yewdall’s throat. Yewdall’s mother, convinced an extreme incident of nursing home malpractice had occurred, subsequently secured a wrongful death attorney and filed a $15 million lawsuit against Merakey Woodhaven. Charges have yet to be filed.

Merakey has denied all allegations of nursing home malpractice related to Yewdall’s death. In response to the wrongful death attorney’s claim that a Merakey employee forced the wipe into Yewdall’s throat, Merakey argued that the type of wipe discovered is not used at Woodhaven and instead was likely inserted into the victim’s throat after leaving the facility, perhaps by the EMTs who rushed Yewdall to the hospital. The wrongful death attorney in turn said that an expert will testify that the wipe was present when EMTs arrived on the scene.

The wrongful death attorney has previously contended that Yewdall, whose gag reflex functioned normally despite her cerebal palsy, could not have inserted the wipe into her own throat; moreover, the wrongful death attorney contended, the strand of black hair on the wipe could not have come from Yewdall, as a recent photograph of the victim showed her with mostly gray hair.

Certain incidents previously discovered by the family implicate Merakey Woodhaven as having subjected Yewdall to nursing home malpractice, such as allowing her broken leg to go undiagnosed for weeks and also including an alleged falling event that left Yewdall with a black eye and swollen cheek. Most damning is an audio recording of Yewdall saying, “Listen to me, a———. Settle down baby. I’m going to kill you if you don’t settle down. I’m going to kill you, a———.” According to the wrongful death attorney, Yewdall, who suffered from a condition called echolalia that caused her to repeat things she overheard, heard these threats at Marakey Woodhaven.

A trial has been set for next year.

Battling Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy is committed to combating nursing home malpractice in Philadelphia/PA and NJ nursing homes. No Philadelphia/PA or NJ nursing home resident should suffer abuse or negligence or live in fear of nursing home wrongful death. Attorney Brian Murphy has years of experience as a Philadelphia/PA and NJ nursing home malpractice and wrongful death attorney. He is committed to bringing his clients’ nursing home malpractice cases to successful resolutions. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

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Pennsylvania Bill Seeks to Prevent Nursing Home Sexual Abuse:

House Bill 2341, written by Rep. Robert Matzie, would require nursing homes to report residents who are convicted sex offenders.

A new bill seeking to protect elderly residents from nursing home sexual abuse has been introduced by Pennsylvania State Representative Robert Matzie, Fox43.com has reported. The legislation, House Bill 2341, would require nursing homes to inform residents and workers when a convicted sex offender has been admitted as a resident.

Should the bill become law, Pennsylvania nursing facilities would be notified of the close proximity or admission of a convicted sex offender. The nursing home would then be mandated to make a report to the Department of Health, which would then create a centralized registry for nursing homes.

While such registries of convicted sex offenders must be made public by state police according to Megan’s Law, no centralized sex offender registry currently exists for nursing homes in Pennsylvania. Not having such protections in place for residents would appear as neglect on the part of nursing homes. According to Matzie, such efforts toward thwarting nursing home sexual abuse is long overdue in Pennsylvania.

“I think a lot of people were shocked there were nothing on the books, from democrats, republicans, from advocates,” said the state representative, who serves the 16th District for Pennsylvania. “I believe that we need to ensure that our most vulnerable are safe.”

This Pennsylvania bill seeks to prevent nursing home sexual abuse because it does unfortunately occur. Nursing home sexual abuse is defined as the occurrence of any type of nonconsensual sexual contact between two nursing home residents or between a nursing home resident and a staff worker. Nursing home sexual abuse comes in many forms, ranging from sexual harassment and unwanted/inappropriate physical contact, to sexually explicit photography, to rape or sodomy. Residents’ loved ones should be aware of the following signs that nursing home sexual abuse may have occurred:

• Genital bruises or scratches
• Unexplained bleeding
• The sudden appearance of unexplained fear or anxiety
• New, uncharacteristic behavior uncharacteristic behavioral changes
• Sudden, severe depression

Matzie is hopeful his bill will secure support from lawmakers at the Capitol. Any legislation that might reduce the potential for nursing home sexual abuse should be seen as a step in the right direction toward preventing nursing home abuse and neglect.

Working to Protect Elder Abuse in Nursing Homes

Pennsylvania and New Jersey nursing homes are required to meet specific health and safety requirements and to provide such care as to secure the physical, mental, and psycho/social well-being of their residents. Should you have concerns about a Philadelphia/PA or NJ nursing home, or if you suspect neglect, abuse, or fraud has occurred at the Pennsylvania, Philadelphia, or New Jersey nursing home where your loved one lives, please contact nursing home abuse attorney Brian P. Murphy to discover your legal rights and options.

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