CASE UPDATE: Philadelphia Nurse Pleads Guilty To Neglect, Tampering With Records In Death Of Herbert R. McMaster, Sr.

March 29, 2022 | Topic: Criminal

HARRISBURG—Attorney General Josh Shapiro announced today that a nurse previously charged for failing to provide care to a patient of the senior living facility Cathedral Village in Upper Roxborough has pleaded guilty. The patient, Herbert R. McMaster, Sr., 84, was left in the lobby of the facility and died hours after suffering a fall and serious head injury.

“The defendant has now been held accountable for her actions that led to the tragic death of Mr. McMaster,” said AG Shapiro. “We have several active and ongoing investigations into long term care facilities and nursing homes across Pennsylvania, and will hold anyone who knowingly neglects a care-dependent person in Pennsylvania accountable.”

Christann Gainey, 34, Philadelphia, pleaded guilty to neglect of a care-dependent person and tampering with records. She was sentenced to six months under house arrest and may not seek reinstatement of her license or work in a care facility/home during her five-year supervision period.

Evidence revealed that Gainey failed to administer a total of eight required neurological checks to Mr. McMaster after he had an unwitnessed fall at the facility on the night of April 12, 2018. Mr. McMaster was discovered deceased just after 7:00 a.m. on the morning of April 13, 2018, as a result of a subdural hematoma.

The defendant presented Cathedral Village staff with falsified documentation indicating that she performed neurological evaluations throughout the evening. Had they been performed, these neurological checks would have indicated the severity of his injuries and steps could have been taken to save his life.

The case is being prosecuted by Senior Deputy Attorney General Mark Levenberg and Senior Deputy Attorney General Benjamin McKenna.

The Pennsylvania Medicaid Fraud Control Unit receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $9,133,920 for Federal fiscal year (FY) 2022. The remaining 25 percent, totaling $3,044,638 for FY 2022, is funded by Pennsylvania.

The Pennsylvania Medicaid Fraud Control Unit receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $9,133,920 for Federal fiscal year (FY) 2022. The remaining 25 percent, totaling $3,044,638 for FY 2022, is funded by Pennsylvania.

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