DNA Testing Could Give Answers in Mysterious Wrongful Death of Philadelphia Nursing Home Resident Found with a Disinfectant Wipe Lodged in Her Throat

In January 2022, Cheryl Yewdall, a 50 year-old Philadelphia nursing home resident with cerebral palsy and intellectual disabilities, died after a paper towel or disinfecting wipe was discovered lodged in her trachea. The woman’s mother secured a wrongful death attorney and filed a lawsuit against Merakey Woodhaven, where her daughter lived since she was ten. New DNA evidence could shed new light on the case.

The family of a Philadelphia nursing home resident who died after choking on a paper towel or disinfecting wipe has requested DNA testing on a hair stuck to the wipe, says a Bowling Green Daily News article. A single black hair, apparently missed by homicide investigators who were unable determine if the death was a homicide or an accident, has been discovered via magnification of police evidence photos by a pathologist for the victim’s family; the family subsequently contacted a judge to request DNA testing of the hair.

In January 2022, workers at Philadelphia’s Merakey Woodhaven found 50 year-old resident Cheryl Yewdall face down on the floor, in a pool of urine, her lips blue—circumstances indicative of nursing home malpractice. A 7-by-10-inch paper towel or cleaning wipe was discovered blocking her airway. Following an investigation, the question of how the wipe got into her throat remains a mystery. After contacting a wrongful death attorney, Yewdall’s mother filed a wrongful death lawsuit against the home.

According to the news article, the wrongful death attorney and a second lawyer filed a motion on June 21 that included a photograph of Yewdall with mostly gray hair. The black hair on the wipe—and even the wipe itself—might contain DNA not belonging to Yewdall, contends the wrongful death attorney. The article says that, thus far, no indication of a willingness to conduct DNA testing has been shown.

The nursing home has denied any responsibility for Yewdall’s death. The suit filed by the wrongful death attorney for Yewdall’s family accuses a staff member at Marakey Woodhaven of jamming the paper towel/cleaning wipe down her throat. While Yewdall suffered from cerebral palsy, her medical records indicated a normal functioning of her gag reflex, suggestive of the fact that Yewdall could not have inserted the wad of paper into her own windpipe; furthermore, previous incidents indicative of nursing home malpractice support the lawsuit’s accusations:

• In early 2021, Yewdall suffered an undiagnosed broken leg for weeks. When it was finally discovered, the physician-ordered leg immobilizer went unimplemented.
• Later that year, Yewdall suffered a black eye and swollen cheek, which the facility claimed was the result of a fall.
• Most significantly, an audio recording of Yewdall—who has a condition known as echolalia, which involves the repeating of other people’s words and phrases—reveals her 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 lawsuit, these words were overheard by Yewdall at Marakey Woodhaven.

Taking Nursing Homes to Task for Wrongful Death

Attorney Brian P. Murphy is committed to fighting against nursing home malpractice in Philadelphia/PA and NJ nursing homes. No Philadelphia/PA or NJ nursing home resident should be subjected to the abusive and negligent acts that amount to nursing home malpractice, and no one should live in fear of nursing home wrongful death. Attorney Brian Murphy has years of experience coming up against Philadelphia/PA and NJ nursing homes in matters of nursing home malpractice and as a wrongful death attorney. He is dedicated to successfully resolving his clients’ cases. 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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Pandemic Restrictions Relaxed for Fully Vaccinated Nursing Home Residents:

With an eye to supporting residents’ physical, mental, and emotional health, a new DOH directive signals a return to normal.

The continued decline of new COVID cases and hospitalizations and the increase in the numbers of people vaccinated has led the New Jersey Department of Health to release new guidelines for nursing homes, according to articles on nj.com and wobm.com.The new DOH directive, taking its cue from updated guidance from the Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid, looks to promote more normalcy in residents’ daily lives, provided they are fully vaccinated.

Generally, for those residents who have received full inoculation against COVID, communal dining and group activities can be engaged in without the need for masks or social distancing. The following outlines some of the changes that will happen as a result of the DOH directive:

• Masks—During contact among fully vaccinated persons, masks are no longer required
• Gathering Closely—Residents and visitors can opt to have close contact, including hugging, without needing to wear masks, provided they are fully vaccinated
• Communal Activity and Dining—An activity or dining that involves all fully vaccinated residents can take place without distancing or the wearing of masks
• Staff Testing—Routine COVID testing, a requirement over the past few months, will no longer be necessary for fully vaccinated staff members
• Non-Essential Personnel—The reintroduction of non-essential personnel, such as hair dressers, is permitted if facilities have safety protocols in place and if these workers are screened and wear masks
• Volunteers—Those who volunteer their time entertaining, conducting activities, and coordinating visitation may once again be admitted into facilities, provided they follow protocols

The relaxation of restrictions has been inspired by the effectiveness of vaccines, says state Health Commissioner Judith Persichilli. Referencing the NJ state database for COVID-19, the nj.com article states that currently 82% of residents and 58% of workers are fully vaccinated. Deaths are down 80% since February, and represent just under 7% of what NJ COVID deaths were in January, when a second wave of the coronavirus hit the state.

More than 8,000 NJ nursing home residents and 144 staff members died from COVID, numbers which accounted for half of the state’s coronavirus deaths. According to nj.com, there are 197 current outbreaks in the state’s facilities, a number the article attributes to stagnant vaccination rates among staff, a number of whom have demonstrated vaccine reluctance.

The pandemic restrictions relaxed for fully vaccinated nursing home residents allows interaction between vaccinated and unvaccinated residents or visitors. The DOH guidance says that, although close contact, and even touching, is permissible, both parties need to be wearing a mask.

Ensuring the Safety of Your Loved One

Determining the quality and safety of the Philadelphia/PA or NJ nursing home where your loved one lives is essential. Pennsylvania and New Jersey nursing homes are required to meet health and safety standards requirements and to ensure the physical, mental, and psycho/social well-being of their residents. Should you have concerns about the quality of care in a Pennsylvania or New Jersey 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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Nursing Home Residents Suffer as Overly Strict Covid Restrictions Persist:

Social distancing and limited visitation amount to continued isolation for lonely and infirm residents.

Despite a significantly lower risk for transmitting COVID-19 following the vaccination of 75% of American nursing home residents, pandemic restrictions inside homes continue to be enforced, says an Associated Press article, a measure that family members say does more harm than good.

While pandemic rules around the nation are being loosened, mask-wearing and social distancing within many nursing homes continues to be the norm, even as the numbers of COVID infections and deaths in homes have dropped dramatically. Frustrated family members say that the distanced activities, the near-isolation during dining, and, in some homes, the prohibition of hugs, does not meaningfully differ from the pandemic isolation that took a substantial mental and emotional toll on lonely and sick elderly residents—particularly those suffering from dementia—during imposed lockdowns. Especially difficult for residents and their families alike is the limited visitation that is still required in many homes. In some cases, visits are restricted to once or twice a week or even less frequently, with visitation times ranging from two hours down to just 15 minutes. Visitation ceases entirely if someone in the home tests positive for COVID.

According to the article, some Pennsylvania nursing homes’ COVID-19 restrictions, such as the limits on visitation, exceed state and federal requirements. While these measures seek to protect the vulnerable elderly, families claim they are not only unnecessary, but harmful, in some cases contributing to the mental and physical decline of nursing home residents.

While nursing home residents suffer as overly strict COVID restrictions persist, advocacy groups concerned about residents’ suffering and decline as a result of limited visitation have reached out to the Centers for Medicare & Medicaid Services and requested that full visitation rights be restored. These groups also seek a change in federal guidance regarding what measures should be taken in the event of new COVID-19 cases. While federal guidance requires a suspension of visits for at least 14 days, advocates and family members argue that this is excessive when only a case or two crop up in a home.

The coronavirus pandemic led to over 650,000 COVID-19 infections of long-term care residents and the death of more than 130,000 in the country’s nursing homes, harrowing numbers that explain the extreme limitations put into place during the height of the crisis. But family members and advocates dispute the continued necessity of certain safety restrictions, when the focus should be shifted to improving the mental and emotional health of vulnerable elderly residents

Ensuring Your Loved One’s Needs Are Met

The Philadelphia/PA or NJ nursing home where your loved one lives is required not only to meet health and safety standards, but also to secure the physical, mental, and psycho/social well-being of their residents. Should you have concerns about the quality of care in a Pennsylvania or New Jersey 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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Claims Could Follow the Resumption of Nursing Home Visitation

A recent guidance provided by federal regulators will allow family members to resume indoor nursing home visitation with their loved ones “at all times,” according to AP News. The resumption of visitation after a prolonged ban during the coronavirus pandemic means the return of much longed-for face time and hugs between nursing home residents and their loved ones. It may also mark the start of a new wave of abuse and neglect claims against nursing homes.

In consideration of the 1.4 million residents and 1 million nursing home staff who are fully vaccinated as well as the significant drop of COVID-19 cases and deaths in long-term care facilities, the Centers for Medicare and Medicaid Services recommended the resumption of indoor visits with almost no exceptions.  The cessation of all visitation was ordered after the coronavirus began ravaging American nursing homes last spring, eventually resulting in more than 163,000 deaths and accounting for more than a third of the U.S. COVID-19 deaths overall. This forced isolation brought on severe depression for many residents and led to more issues for others, particularly for dementia patients.

In light of the mental and emotional suffering isolated nursing home patients have endured, the ability for them to receive visitors has been applauded by residents and their families alike. But as family members enter nursing homes for the first time in about a year and get their first look at the kind of care their loved ones have received during their absence, requests for investigations and/or initiation of legal action might follow.

The impact of the coronavirus pandemic on U.S. nursing homes might have been less devastating had a number of systemic problems been corrected prior to its onslaught. But the same understaffing, low pay for workers, and poor regulation that existed before COVID contributed to the failure of nursing homes during the pandemic. Returning family members could discover that these shortcomings have resulted in instances of neglect and abuse for their loved ones.

Among the most prevalent illustrations of nursing home neglect and abuse in nursing homes is the appearance of bedsores (also called pressure ulcers and decubitus ulcers). These ulcers that appear on the skin of residents left immobile for too long often occur in homes where understaffing leaves workers stretched too thin to give proper care to every patient. If left unattended, pressure ulcers can increase in severity, leading to infection or death. The discovery that residents have sustained injuries from falls or are suffering from malnutrition or dehydration are other compelling indications that nursing home neglect has transpired.

Visiting family members are residents’ primary advocates, and will likely be the first to discover the signs that neglect or abuse have occurred. The return of these advocates to facilities where certain failures have been augmented by a devastating pandemic could very well mean a wave of neglect and abuse claims is forthcoming.

Helping You Advocate for Your Loved One

It is required that Pennsylvania and New Jersey nursing homes meet every health and safety standard and thereby secure the physical, mental, and psycho/social well-being of residents. Holding the Philadelphia/PA or NJ nursing home where your loved one lives to this requirement is paramount. Should you have concerns about a Pennsylvania or New Jersey nursing home following COVID-19 isolation, 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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With hugs for nursing home residents ok again, the guidance will be a boon for the mental and emotional well-being of residents previously isolated due to COVID.

New guidance recently released by the Centers for Medicare and Medicaid Services (CMS) permits vaccinated nursing home residents to receive hugs from their loved ones again. According to an Associated Press News article, the new guidance, which follows a big trend downward in coronavirus infections and deaths and an uptick in nursing home vaccinations, will provide much-needed solace to residents who’ve had to endure months of isolation during the pandemic.

Grappling with poor infection control and staffing issues, American nursing homes were devastated by the coronavirus, which ripped through the close quarters of vulnerable elderly or medically fragile residents and among nursing home staff in the early months of the pandemic, leading to over 163,000 deaths and accounting for more than a third of the country’s COVID-19 deaths. Soon after the pandemic began ravaging nursing homes last spring, emergency isolation policies were put in place.  Although deemed necessary by dire circumstances, the isolation of residents from one another and from their loved ones had its own consequences, particularly among dementia patients. For many residents, the isolation brought on depression, which in turn impacted eating and mobility, leading to increased frailty and more frequent falls.  It wasn’t until community case numbers were in significant decline last fall that homes began reintroducing socially-distant outdoor visitation and limited indoor visits from loved ones.

According to the AP article, it was the sharp decline in cases and deaths following the rollout of coronavirus vaccines late last year that motivated the CMS to issue this new guidance, which is considered to be a step toward normalcy. The Centers for Disease Control and Prevention have reported that large numbers of residents and staff members have been fully vaccinated—about 1.4 million residents and over 930,000 workers.

Stating that no substitute for physical contact exists, the CMS guidance says a “warm embrace between a resident and their loved one” is now possible, provided the resident has received full vaccination and continues to take such precautions as wearing a mask and using hand sanitizer before and after the visit.

While the CMS guidance encourages nursing homes to permit indoor visits “at all times and for all residents, regardless of vaccination status,” the agency strongly suggests nursing homes schedule visits and impose time limits, and also urge visitors to get their vaccines as soon as possible. In cases where a resident has COVID or must be placed in quarantine for exposure, visitation is not allowed. CMS still upholds outdoor visits as being safest even when visitors and loved ones are vaccinated.

Fighting for Your Loved One during Trying Times

Pennsylvania and New Jersey nursing homes are required to meet health and safety standards requirements and to ensure the physical, mental, and psycho/social well-being of their residents. Meeting these standards rests on quality of care:  the Philadelphia/PA or NJ nursing home where your loved one lives must avoid any poor care that results in nursing home neglect or abuse [https://www.thenursinghomeattorneys.com/nursing-home-abuse-and-neglect/]. Should you have concerns about a Pennsylvania or New Jersey nursing home during COVID-19, 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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