Two former officials of a veterans home in Massachusetts, where a tragic COVID-19 outbreak claimed the lives of at least 76 individuals, have resolved their criminal case without serving jail time. Bennett Walsh, the former superintendent, and Dr. David Clinton, the former medical director of the Veterans’ Home in Holyoke, faced five counts of criminal neglect following a decision by the Massachusetts’ highest court to reinstate the charges.
This case marked the first instance in the country where criminal charges were brought against individuals linked to nursing home deaths during the pandemic. Prosecutors had sought guilty pleas and three years of probation, including one year of home confinement, emphasizing the poor conditions and staffing shortages at the facility.
Defense attorneys argued that the early days of the pandemic were marked by limited understanding of the disease's dangers and challenges such as staffing shortages and testing limitations. They highlighted Walsh's efforts to raise concerns about the home's conditions, which were not adequately addressed.
Ultimately, the court accepted the defense's request for a plea in which each charge would be continued without a finding for a three-month probationary period. This decision sparked disappointment and frustration from the state, with the Attorney General expressing a commitment to pursuing accountability in cases of elder abuse and neglect.
The ruling drew strong reactions from families who lost loved ones at the Holyoke Soldiers’ Home, with one individual describing it as 'disgusting' and emphasizing the need for accountability and justice.
Walsh and Clinton had pleaded not guilty to charges related to their decision to combine two dementia units in March 2020, a move that brought together COVID-positive residents with asymptomatic individuals. A state Inspector General’s report in 2022 criticized Walsh's leadership skills and the hiring process that led to his appointment as superintendent.
In a separate development, Massachusetts agreed to a $56 million settlement in a class-action lawsuit filed by families of veterans who tragically lost their lives at the facility.
