Criminal Charges Brought in Bay State Covid Nursing Home Deaths

Two former managers at a state-run veterans’ home face criminal charges related to a Covid-19 outbreak there that led to the deaths of 76 patients, Attorney General Maura Healey (D), announced Friday.

A grand jury charged Bennett Walsh, a former superintendent at the home and David Clinton, the former medical director, with 10 counts each of criminal neglect and bodily injury to an elder. They will be arraigned at a later date at Hampden County Superior Court, Healey said.

“We’ve charged these two because they were the ultimate decision makers,” Healey said.

It’s the first time in the nation that criminal charges are being brought as a result of Covid-19 outbreak at a nursing home, Healey said.

Crowded

Faced with overcrowding at the Holyoke Soldiers Home, the two managers knowingly moved a room of veterans in the home’s dementia unit who were ill with Covid-19 into a room with veterans from the unit who weren’t sick, Healey said.

On Feb. 27, the 42 men were moved into a room intended to hold 25 people, leading to overcrowded conditions that caused the outbreak to spread, she said.

“Residents were mingling together regardless of their Covid status,” Healey said. “Those reckless actions warrant criminal charges.”

In another move, nine residents from different rooms were labeled “asymptomatic” and moved into the dining room. Several of the men were visibly showing symptoms and were infected, the AG alleges.

The decision to ignore the Covid status of the veterans was “reckless from an infection-control perspective and placed the asymptomatic veterans at an increased risk of contracting COVID-19,” according to Healey’s office.

Feds Investigating

The office of U.S. Attorney Andrew Lelling began an investigationin April about the outbreak at the home, which relied on federal Medicaid funds for support. He warned at the time that his office may require Massachusetts to adopt reforms to protect patients at the home.