‘His skin melted off’ — Elderly man in state care dies after being left in scalding water

Hopemont Hospital in Terra Alta, West Virginia. (West Virginia Department of Health photo)

An elderly, nonverbal man died from burn injuries after being left too long in a whirlpool of scalding water at a state-run long-term care facility. A spokesperson for the state health department said they’ve fired four nurses, including three contract employees, who were involved in the patient’s death.

It raises more concerns about how the Department of Health Facilities is vetting nurses supplied through staffing companies — an issue leaders said they’ve tried to improve after multiple employees were charged with crimes last year at a different state-run facility.

The patient’s death happened in January at Hopemont Hospital in Terra Alta, located in Preston County.

The man, who required round-the-clock care, was placed in a whirlpool with a water temperature of 134 degrees and left in the tub for at least 47 minutes, according to Disability Rights West Virginia. The advocacy group investigated the patient’s death.

Disability Rights West Virginia Director Mike Folio (Courtesy photo)

“Imagine someone who is elderly, nonverbal and has dementia left unattended in scalding hot water. Even if he screamed out in pain, he couldn’t be heard because he was nonverbal,” said Mike Folio, DRWV legal director. “His skin melted off.”

He added, “This is truly the most egregious case I’ve seen.”

Folio added that the man was in the water much longer than the national guidance for how long an individual should be left in a whirlpool.

Annie Moore, spokesperson for the state’s newly-created Department of Health Facilities, said in an email that the incident “was originally attributed to a malfunctioning hot water tank thermostat, which was immediately replaced by facility staff.”

Whirlpools are typically set at no more than 100 degrees, Folio explained.

His investigation revealed hospital staff were aware of a malfunctioning water tank thermostat that caused the high water temperature and failed to fix it prior to the death.

“They made no meaningful effort to fix what they knew was a known hazard,” he said.

Moore said that, “Hopemont Hospital administration and DHF have taken steps to prevent future occurrences including providing staff training on monitoring water temperatures prior to and during resident bathing and making repairs and upgrades to the facility’s hot water system.”

Even if he screamed out in pain, he couldn't be heard because he was nonverbal.

– Mike Folio, legal director of Disability Rights West Virginia

The investigation remains under investigation by the state’s Office of Health Facility Licensure and Certification, the West Virginia Board of Registered Nurses and others.

A spokesman for the Preston County Sheriff’s Department said their investigation is ongoing and couldn’t release information.

“Our thoughts and prayers go out to the resident’s family,” said Matthew Keefer, DHF deputy commissioner. “Keeping residents safe is our number one priority. Any time a resident is injured in our care, we must exhaust every resource and investigate fully to ensure it does not happen again.”

Contract nurses involved in patient death

In the wake of the incident, Moore said that three contract staff members and one employed by the state no longer work at Hopemont Hospital.

The state health department relies on dozens of contract agencies to provide nurses, nurse assistants and other employees at state-run facilities.

In November, DHF Secretary Michael Caruso said he’d change their vetting of contract nurses at William R. Sharpe, Jr., Hospital — another state-run facility — after West Virginia Watch reported multiple Sharpe staff members were arrested last year and charged with crimes, including one who was charged with murder . The incident didn’t occur at the hospital.

Interview requests for Caruso went unreturned for this story.

Folio said that the state declined DRWV’s offer to help with the vetting of contract employees.

“By and large we know the abuse at state health facilities has happened from these contract staff,” he said. “It’s a reflection of the overall failure to manage the personnel and manage these facilities.”

Gov. Jim Justice recently signed the budget bill, which included money for the state health department to pay for contract nurses at state-run hospitals.

While these positions are highly-paid, a spokesperson for the state health department last year acknowledged that they were working on bettering pay for state employees at the facilities.

Despite signing the budget bill, Justice expressed frustration over the proposed funding plan for the state health department. The bill included a slash to funding for people with disabilities in state care.

Justice plans to call lawmakers back for a special session, possibly in April, to address the health department funding and other outstanding budget issues.

Editor’s note: The original version of this story misattributed a quote to the spokesperson of the Department of Health Facilities. This story has been corrected.

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