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.
