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The lawsuit alleging gross negligence filed by lawyers from Stark & Stark PC, and the Pepper Law Firm, LLC, indicates that a staff member at Merakey-Woodhaven placed the six-inch wipe in Cheryl Yewdall's throat.
The oldest of four children, Yewdall Cheryl lived at the Merakey’s Woodhaven site for approximately 40 years. She was severely disabled and required round-the-clock supervision from the staff. Yewdall was found on Jan. 26, and died on Jan. 31.
Merakey issued a statement to the Associated Press saying only that Yewdall's death was a "serious and tragic incident," and that it "denies any responsibility" for it.
While more than one dozen members of her care team are referred to in the complaint, none are individually named as defendants. It also asserts unspecified claims for both compensatory and punitive damages, along with a request for a jury trial in the Philadelphia Court of Common Pleas.
Medical staff at nearby Jefferson Health/Northeast, where Yewdall was rushed after first responders attended to her at the scene, said her death was the result of “the most severe possible diffuse cerebral dysfunction, characteristic of severe diffuse anoxic brain injury," lawyers Yewdall's lawyers said. Those same physicians alerted Philadelphia Police, and their findings were confirmed by the Philadelphia’s Medical Examiner’s Office.
In November 2020, Yewdall was recorded by her sister Sandy Yewdall after being asked to say "Hi Daddy." Instead, Yewdall said: “Listen to me a***ole settle down baby. I’m going to kill you if you don’t settle down I’m going to kill you a***ole," the suit alleges.
- SANDY YEWDALL: “Cheryl, say ‘Hi Daddy! I miss you, Daddy!”
- CHERYL YEWDALL: “[Whispers] Hi, Daddy.”
- CHERYL YEWDALL: [Louder voice] Listen to me asshole, I’ll beat your a**, a***ole.”
The family's lawyer James Pepper tells the AP that he believes Yewdall was simply repeating what she'd been hearing at Woodhaven.
About a year before she died, an X-ray was ordered for Yewdall's leg as she was having pain and trouble while walking, the suit says. The X-ray found Yewdall had a broken tibia on her left leg, and was issued a leg immobilizer. She was not wearing during a follow-up visit to the doctor because staff said they didn't know how to put it on, the suit says. A new immobilizer was ordered, but Yewdall was not wearing it in March 2021 when she saw the doctor again. This time, he showed the staff how to put it on her, and Yewdall appeared more comfortable when she was wearing it, the suit says.
Still grieving the loss of her daughter, Christine Civatte said: "Despite being born with cerebral palsy, she was aware of her surroundings, her family, and treated people with respect and love.
"We believed we were doing the right thing by her when we decided to entrust her to the care of the staff at Merakey-Woodhaven, based largely on their pledge to do everything possible to love and care for her as a member of their family.
"We’re now turning to the justice system not only to find out every detail about how she died, but to ensure that what happened to her can’t happen to others.”
Over the last six months, the Pennsylvania Department of Health recommended both a 23-day termination of the facility’s operating agreement and a 90-day termination action for Merakey-Woodhaven. State regulators also recommended a 90-day termination action for Merakey Allegheny – Pittsburgh.
In one report, inspectors said the facility failed to implement procedures that prohibit neglect in the provision of services for an acute health condition that required emergency care.. Contract termination proceedings can lead to license revocation, which may result in cessation of operations.
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