The Attorney General of Massachusetts announced on September 25, 2020 that Superintendent Bennett Walsh and former Medical Director David Clinton of the Soldiers’ Home in Holyoke, Massachusetts (“SHH”) have been indicted on criminal neglect charges for their roles in the deadly COVID-19 outbreak that contributed to the deaths of at least 76 residents at the facility.
Bennett Walsh, age 50, of Springfield, and Dr. David Clinton, age 71, of South Hadley, were indicted on September 24, 2020 by a Statewide Grand Jury on the charges of Caretaker Who Wantonly or Recklessly Commits or Permits Bodily Injury to an Elder or Disabled Person (5 counts for each defendant) and Caretaker Who Wantonly or Recklessly Commits or Permits Abuse, Neglect, or Mistreatment to an Elder or Disabled Person (5 counts for each defendant). They will be arraigned in Hampden County Superior Court on a later date.
SHH is a state-run, fully accredited health care facility that offers veterans health care, hospice care (including full-time residential accommodations), nursing services, a veterans’ assistance center, and outpatient services, among other services. SHH operates a 247-bed long term nursing care facility with 24-hour licensed nursing staff, which includes a comfort care unit for veterans who need palliative care or hospice, and an enhanced care unit for veterans requiring additional physical, occupational, and respiratory services.
The AG’s Office began its investigation in early April 2020 after learning of serious issues with COVID-19 infection control procedures at SHH. The prosecution is principally focused on a March 27, 2020 decision to consolidate two dementia units into one, which resulted in the placement of symptomatic residents, including confirmed COVID-19-positive residents, symptomatic residents, and asymptomatic residents within feet of each other, increasing the exposure of asymptomatic veterans to the virus. The AG’s Office alleges that these decisions, which were ultimately the responsibility of Walsh and Clinton, were reckless and increased the likelihood that asymptomatic veterans at SHH would contract COVID-19 and put them at higher risk of death and harm.
The AG’s Office alleges that, faced with staffing shortages, SHH decided to consolidate the two dementia units, totaling 42 residents, even though the two units contained residents with different COVID-19 statuses. Residents who were positive or symptomatic for COVID-19 were placed, six in a room, in dormitory style rooms that normally held four veterans. The residents thought to be asymptomatic were placed in nine beds in the dining room. However, the AG’s Office alleges that several of the residents that SHH categorized as “asymptomatic” were, in fact, showing symptoms consistent with COVID-19 at the time of the consolidation or shortly thereafter.
The AG’s Office further alleges that beds in the dining room were just a few feet apart from each other and next to the room where confirmed positive residents were located. The residents in the consolidated unit were allegedly mingling together, regardless of COVID-19 status. The AG’s Office alleges that this decision was reckless from an infection control perspective and placed the asymptomatic veterans at an increased risk of contracting COVID-19.
If your loved one contracted the coronavirus while in a nursing home in the United States and died or suffered serious harm as a result, you should promptly contact a nursing home coronavirus lawyer in your state who may investigate your coronavirus nursing home death claim for you and represent your loved one’s estate and family in a nursing home COVID-19 death case, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find nursing home claim attorneys in your U.S. state who may assist you.
Turn to us when you don’t know where to turn.