Yewdall v. Merakey

THE PEPPER LAW FIRM, LLC Attorneys for Plaintiff
Filed and Attested by the

By: JAMES J. PEPPER, ESQUIRE Office of Judicial Records
Attorney I.D. No. 92614 12 AUG 2022 09:57 am
68 E. Court Street E. HAURIN
Doylestown, PA 18901
Telephone 215-340-2500
pepper@jamespepperlaw.com
STARK & STARK, P.C.

By: JOSEPH A. CULLEN, JR., ESQUIRE
Attorney I.D. No.: 82167
777 Township Line Road, Suite 120
Yardley, PA 19067
Facsimile 267-907-9659
jcullen@stark-stark.com
__________________________________________
CHRISTINE CIVATTE, as Administratrix of : COURT OF COMMON PLEAS
The ESTATE of CHERYL YEWDALL, and : PHILADELPHIA COUNTY
CHRISTINE CIVATTE, in her own right, :
1271 Almshouse Road : CIVIL ACTION
Ivyland, Pennsylvania 18974 :
: JUNE TERM, 2022
Plaintiff : NO. 00107
:
v. :
: JURY TRIAL DEMANDED
MERAKEY WOODHAVEN a/k/a and/or :
f/k/a NHS WOODHAVEN a/k/a and/or f/k/a :
NORTHWESTERN WOODHAVEN, INC. :
2900 Southampton Road :
Philadelphia, Pennsylvania 19154 :
:
AND :
:
MERAKEY USA a/k/a and/or f/k/a :
NHS HUMAN RESOURCES, INC. a/k/a :
and/or f/k/a THE NORTHWESTERN :
CORPORATION a/k/a and/or f/k/a :
NORTHWESTERN HUMAN SERVICES, :
INC. :
620 E. Germantown Pike :
Lafayette Hill, Pennsylvania 19444 :
:
AND :
Case ID: 220600107

:
MERAKEY FOUNDATION a/k/a and/or :
NHS HUMAN SERVICES FOUNDATION :
a/k/a and/or f/k/a NORTHWESTERN HUMAN :
SERVICES FOUNDATION :
:
Defendants :
:
__________________________________________:
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by the Court without further notice
for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO

PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
PHILADELPHIA BAR ASSOCIATION

LAWYER REFERRAL AND
INFORMATION SERVICE
One Reading Center
Philadelphia, Pennsylvania 19107
Telephone: (215) 238-1701
Case ID: 220600107

AVISO PARA DEFENDER
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la

demanda puestas en las siguientes páginas, usted tienen que tomar acción dentro veinte (20) días
después que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
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a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso
puede proceder sin usted y un jaxgamiento puede ser entrado contra usted por la Corte sin más
aviso por cualquier dinero reclamado en la Dermanda o por cualquier otro reclamo o alivio
solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante
para usted.
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TIENE UN ABOGADO, VAYA O LLAME POR TELÉFONO LA OFICINA FLJADA AQUI
ABAJO. ESTA OFICINA PUEDE PROVEERÉ CON INFORMACIÓN DE CÓMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO ÉSTA OFICINA PUEDE

PROVEERÉ INFOMRACIÓN ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS
LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
ASOCIACION DE LICENCIADOS DE FILADELFIA

SERVICIO DE REFERENCIA
E INFORMACION LEGAL
One Reading Center
Filadelfia, Pennsylvania 19107
Telefono: (215) 238-1701
Case ID: 220600107

THE PEPPER LAW FIRM, LLC Attorneys for Plaintiff
By: JAMES J. PEPPER, ESQUIRE
Attorney I.D. No. 92614
68 E. Court Street
Doylestown, PA 18901
pepper@jamespepperlaw.com
STARK & STARK, P.C.

By: JOSEPH A. CULLEN, JR., ESQUIRE
Attorney I.D. No.: 82167
777 Township Line Road, Suite 120
Yardley, PA 19067
Facsimile 267-907-9659
jcullen@stark-stark.com
__________________________________________
CHRISTINE CIVATTE, as Administratrix of : COURT OF COMMON PLEAS
The ESTATE of CHERYL YEWDALL, and : PHILADELPHIA COUNTY
CHRISTINE CIVATTE, in her own right, :
1271 Almshouse Road : CIVIL ACTION
Ivyland, Pennsylvania 18974 :
: JUNE TERM, 2022
Plaintiff : NO. 00107
:
v. :
: JURY TRIAL DEMANDED
MERAKEY WOODHAVEN a/k/a and/or :
f/k/a NHS WOODHAVEN a/k/a and/or f/k/a :
NORTHWESTERN WOODHAVEN, INC. :
2900 Southampton Road :
Philadelphia, Pennsylvania 19154 :
:
AND :
:
MERAKEY USA a/k/a and/or f/k/a :
NHS HUMAN RESOURCES, INC. a/k/a :
and/or f/k/a THE NORTHWESTERN :
CORPORATION a/k/a and/or f/k/a :
NORTHWESTERN HUMAN SERVICES, :
INC. :
:
AND :
Case ID: 220600107

4893-2724-6126, v. 1
:
MERAKEY FOUNDATION a/k/a and/or :
NHS HUMAN SERVICES FOUNDATION :
a/k/a and/or f/k/a NORTHWESTERN HUMAN :
SERVICES FOUNDATION :
:
Defendants :
:
__________________________________________:
CIVIL ACTION COMPLAINT
Plaintiff, Christine Civatte, as Administratrix of the Estate of Cheryl Yewdall, deceased,
and in her own right, brings this action against the above-named Defendants, and in support thereof
avers as follows:
THE PARTIES
1. Plaintiff, Christine Civatte, is an adult citizen of the Commonwealth of
Pennsylvania, residing therein at 1271 Almshouse Road, Ivyland, Pennsylvania, 18974.
2. Plaintiff Christine Civatte is the Administratix of the Estate of Cheryl Yewdall,
deceased, having been so appointed by the Register of Wills of Philadelphia County on May 4,
2022.
3. Christine Civatte was the mother of the decedent, Cheryl Yewdall.
4. Defendant Merakey Woodhaven a/k/and/or f/k/a NHS Woodhaven a/k/a and/or
f/k/a Northwestern Woodhaven, Inc. (hereinafter “Merakey Woodhaven”) is a Pennsylvania
corporation and/or other jural entity, having its principal place of business in Pennsylvania, with
an address located at 2900 Southampton Road, Philadelphia, Pennsylvania 19154. Plaintiff is
asserting multiple claims against Merakey Woodhaven, including but not limited to a claim for
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professional negligence and for the professional negligence of its agents, ostensible agents,
employees, and/or servants as stated more fully herein.
5. At all times relevant to this cause of action, Defendant, Merakey Woodhaven,
engaged in substantial, continuous, and systematic business in the Commonwealth of
Pennsylvania, and regularly conducted business in Philadelphia County.
6. Defendant, Merakey USA a/k/a and/or f/k/a NHS Human Services, Inc. a/k/a
and/or The Northwestern Corporation a/k/a and/or f/k/a Northwestern Human Services, Inc.
(hereinafter “Merakey USA”) is a corporation and/or other jural entity organized and existing
under and by virtue of the laws of the Commonwealth of Pennsylvania, having its principal place
of business in Pennsylvania. At all times relevant hereto, Merakey USA, among other things,
provided resources, supervision, care, funding, staffing, and services to all the Defendants and to
various Merakey-affiliated and NHS-affiliated locations and facilities in Philadelphia including
Merakey Woodhaven, located at 2600 Southampton Road, Philadelphia, Pennsylvania, 19154.
7. At all times relevant to this cause of action, Merakey USA engaged in substantial,
continuous, and systematic business in the Commonwealth of Pennsylvania, and regularly
conducted business in Philadelphia County.
8. Defendant, Merakey Foundation a/k/a and/or f/k/a NHS Human Services
Foundation a/k/a and/or f/k/a Northwestern Human Services Foundation (hereinafter “Merakey
Foundation”), is a Pennsylvania corporation and/or other jural entity organized and existing
under and by virtue of the laws of the Commonwealth of Pennsylvania, with its principal place
of business in Pennsylvania. At all times relevant hereto, Defendant Merakey Foundation, among
other things, provided funding, financing, tools, resources, services, and staffing to the
Defendants, raised and solicited financial contributions and donations from private donors within
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Philadelphia County, and provided services, tools, resources, financial support, funding, and
staffing to Merakey Woodhaven located at 2600 Southampton Road, Philadelphia, Pennsylvania,
19154.
9. At all times relevant to this cause of action, Merakey USA engaged in substantial,
continuous, and systematic business in the Commonwealth of Pennsylvania, and regularly
conducted business in Philadelphia County.
10. At all times relevant hereto, the authorized agents, ostensible agents, principals,
servants, aides, workmen, healthcare providers, physicians, physicians’ assistants, nurses, nurse
practitioners, nurse aides, nursing assistants, licensed practical nurses, medical students,
residents, graduate medical trainees, attending professional and para-professional personnel,
and/or other employees of the Defendants, including but limited to Elise Clark, Arthur David
Blackshaw, R.N., Mary Thomas, Jamila Kelley, Jennifer Winters, Jean Bogardus, Christi Amato,
Sandra Bailey, Susan John, LaToya Bantum-Payton, Petrick Sanders, J. Grosscup, Nicole Miller-
Allen, Debbie St. Peter, Toshay Wright, Nana Adai-Kwateng, and all other persons involved in
the care, supervision, and provision of services to Cheryl Yewdall, who are known to
Defendant(s) and unknown to Plaintiff, acted within the course and scope of their respective
agency and/or employment relationship with the Defendants, over whom the Defendants had
direct control or right of control.
VENUE AND JURISDICTION
11. Venue is properly laid in Philadelphia County pursuant to Pennsylvania Rule of
Civil Procedure 2179 and Pennsylvania Rule of Civil Procedure 1006.
12. The amount in controversy exceeds the local rules for amounts in controversy
requiring arbitration.
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OPERATIVE FACTS
13. Cheryl Yewdall suffered from severe mental retardation and cerebral palsy her entire
life.
14. Cheryl Yewdall suffered from spastic diplegia due to cerebral palsy, leg length
discrepancy, and a foot deformity all of which severely impacted her ability to walk.
15. At all relevant times, Cheryl Yewdall resided at an intermediate care facility located
at 2600 Southampton Road, Philadelphia, Pennsylvania, 19154 (hereinafter “Merakey
Woodhaven”).
16. Defendants were responsible for the supervision, protection, and care of Cheryl
Yewdall at all times, including while she was at Merakey Woodhaven.
17. Cheryl Yewdall required twenty-four (24) hour supervision.
18. Merakey Woodhaven’s records indicate that Cheryl Yewdall had no history of
dysphagia, or swallowing difficulties, and that her gag reflex was “within normal limits.”
19. Due to Cheryl Yewdall’s severe mental retardation and cerebral palsy, Cheryl
Yewdall had extremely limited communication skills and self-care skills, and relied entirely on the
Defendants for her supervision, protection, and care.
20. When Cheryl Yewdall was walking, staff were directed to use precautions as if she
was blind.
21. Cheryl Yewdall used a rolling walker to walk short distances and a wheelchair to
travel longer distances.
22. Merakey Woodhaven progress notes from January 9, 2021 indicate that Cheryl
Yewdall had a difficult time getting up to use her walker.
23. Merakey Woodhaven progress notes from January 11, 2021 indicate it was harder
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for Cheryl Yewdall to move around.
24. Merakey Woodhaven progress notes from January 13, 2021 indicate Cheryl Yewdall
had less balance and was restless with her legs.
Yewdall had a hard time using her walker.
Yewdall had a hard time walking.
27. Merakey Woodhaven progress notes from on January 18, 2021 indicate that Cheryl
Yewdall slid to the floor while walking to the nurse and afterwards resisted walking.
Yewdall was encouraged to walk using her walker when going to the bathroom.
Yewdall refused walking and kept crying and yelling when staff tried to walk with her. After letting
her rest for a while, the notes indicated she cried when she was in the walker to walk.
Yewdall’s leg was swollen and bruised. Furthermore, the notes from this date indicate that an
incident report was written concerning this injury. Lastly, the notes from this day indicate that
Cheryl Yewdall’s leg was x-rayed in the evening.
31. The x-rays showed an age indeterminate left medial tibial plateau fracture.
32. On January 22, 2021, Rothman Orthopedics ordered a knee immobilizer for Cheryl
Yewdall’s left lower extremity at all times except bathing with a follow up scheduled for four
weeks.
33. Furthermore, the orders directed that her broken left leg was to be extended at all
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times and, if she were to be placed in the wheelchair, she was to sit in the chair with her left leg
extended and elevated. The orders further stated that Cheryl Yewdall’s leg immobilizer could be
removed for skin checks.
34. Dr. Edith Hasbrouck’s notes from January 21, 2021 indicate that staff reported to her
that Cheryl Yewdall was refusing to walk for several days but because there was no incident report
the timeline was unclear. Furthermore, Dr. Edith Hasbrouck’s notes indicate that the bruising of
the left leg did not appear to be fresh.
35. Three days after Cheryl Yewdall was diagnosed with an age indeterminate left
medial tibial plateau fracture, Dr. Edith Hasbrouck went to Merakey Woodhaven to check on the
status of Cheryl Yewdall.
36. At the beginning of Dr. Hasbrouck’s January 25, 2021 examination, Cheryl Yewdall
was seated in a transport wheelchair with no footrests and no leg elevation, she was agitated, and
she appeared to be in pain. Dr. Hasbrouck’s notes further indicate that Cheryl Yewdall was not
wearing the leg immobilizer because the staff reported to Dr. Hasbrouck that they did not know
how to put it on her.
37. Dr. Hasbrouck’s January 25, 2021 notes also indicated that Cheryl Yewdall had a
superficial abrasion of her right knee and right elbow which was not there from her examination
of her on January 21, 2022.
38. Dr. Hasbrouck’s February 4, 2021 notes indicate that the new leg immobilizer
ordered for Cheryl Yewdall on January 25, 2021 arrived on January 26, 2021 but was still in its
package in the nursing station on February 4, 2021. Dr. Hasbrouck’s examination of Cheryl
Yewdall’s leg showed that the posterior metal stays in the old brace had broken down and, as a
result, Cheryl Yewdall had five linear scabs on her thigh.
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39. Dr. Edith Hasbrouck’s March 1, 2021 notes indicate that when she saw Cheryl
Yewdall she was not wearing her leg immobilizer. Instead, the nurse caring for Cheryl did not
know how to apply her leg immobilizer. Instead of applying the brace properly, the nurse attempted
to put the immobilizer around her lower leg and ankle rather than her knee. After Dr. Hasbrouck
applied the leg immobilizer properly, Cheryl Yewdall appeared more comfortable.
40. In stark contrast to Dr. Hasbrouck’s March 1, 2021 notes, Merakey Woodhaven’s
March 1, 2021 afternoon progress notes for Cheryl Yewdall read as follows:
“3/1/21 – 2 pm. Cheryl had a good day. She played puzzles, blocks, ball toss.
Listening to music. Got all a.m. care. There is no new marks. No concerns.”
41. Due to her severe mental retardation, and compromised medical status, Cheryl
Yewdall was never able to verbalize to Dr. Hasbrouck, any treating professional at Rothman, any
Merakey Woodhaven employee or her family when she broke her leg.
Yewdall was never able to fully verbalize to Dr. Hasbrouck, Merakey Woodhaven employees or
her family the degree of pain she was in from the time she first showed signs of leg pain on January
9, 2021 until she was diagnosed with a left medial tibial plateau fracture on January 22, 2021.
Yewdall was never able to fully verbalize to Merakey Woodhaven employees or her family the
degree of pain she was in from Merakey Woodhaven’s failure to place a leg immobilizer on her
broken left leg from January 22, 2021 to January 25, 2021.
Yewdall was never able to fully verbalize to Merakey Woodhaven employees or her family the
degree of pain she was in from Merakey Woodhaven’s failure to place a leg immobilizer on her
broken left leg from January 25, 2021 to March 1, 2021.
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45. Merakey Woodhaven records indicate that in September 2021 Cheryl Yewdall “fell
back and had a black eye on the right and facial contusions” wherein a “swollen cheek developed”
requiring treatment with an antibiotic. This incident was not documented by Merakey Woodhaven
in Cheryl Yewdall’s progress notes.
46. Cheryl Yewdall wore adult undergarments due to occasional bladder and bowel
incontinence.
47. Cheryl Yewdall was usually continent and would ask to go to the bathroom saying,
“Potty, please.”
48. Cheryl Yewdall could respond to her name, simple context cues, prohibitions, and
some “why” questions.
49. Cheryl Yewdall engaged in echolalia, which is the unsolicited repetition of
vocalizations made by another person. Cheryl Yewdall engaged in immediate echolalia which
occurs immediately after hearing the words and delayed echolalia which occurs at a delayed time
after hearing the words.
50. In November 2020, Cheryl Yewdall was recorded by her sister Sandy Yewdall on
Sandy Yewdall’s IPhone. Sandy Yewdall asked Cheryl Yewdall to say, “Hi Daddy.” In response,
Sandy Yewdall recorded the following:
CHERYL YEWDALL: “Listen to me asshole settle down baby. I’m going to kill
you if you don’t settle down I’m going to kill you asshole.”
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 ass,
asshole.”
51. Similarly, on March 13, 2021, Cheryl Yewdall was recorded by her sister Sandy
Yewdall on Sandy Yewdall’s IPhone. Sandy Yewdall asked Cheryl Yewdall to say, “Hi Gary” in
reference to her brother. After an exchange with Cheryl, Sandy Yewdall recorded the following:
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CHERYL YEWDALL: “If you pinch me asshole I’ll beat your ass asshole.”
52. According to Merakey Woodhaven notes, Cheryl Yewdall had limited verbal skills
and was able to say a few words and phrases (e.g., stop, no, thank you, potty, I am sorry) and was
known to repeat phrases of an aggressive nature (e.g., “I’ll punch you in the nose.”).
53. Cheryl Yewdall’s behavior support plan required that when Cheryl Yewdall was in
the bathroom Merakey Woodhaven had to be always within five feet of her and that she needed
assistance in all care in the bathroom.
54. On the morning of January 26, 2022, Cheryl Yewdall was found at Merakey
Woodhaven bottomless, in a pool of urine, unresponsive, and with a cleaning wipe lodged in her
trachea.
55. Philadelphia Fire Department EMS dispatch was contacted at 6:51 AM, EMS was
dispatched at 6:52 AM, arrived on the scene at 7:04 AM and began assessing Cheryl Yewdall at
7:06 AM.
56. Agonal respirations are indicative of someone who is not getting enough oxygen and
is gasping for air.
57. Philadelphia Fire Department EMS found Cheryl Yewdall unresponsive in a
common room with agonal respirations.
58. Philadelphia Fire Department EMS notes recorded that Cheryl Yewdall’s had dry
blood around her teeth and lips.
59. A supraglottic airway is a device used by emergency management service personnel
to open the upper airway allowing a person in distress to breathe.
60. At 7:08 AM, Philadelphia Fire Department EMS inserted a supraglottic airway into
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Cheryl Yewdall’s mouth. One attempt was made and it was successful. There was no resistance
to the insertion of the supraglottic airway as would be expected if the cleaning wipe was lodged at
the back of her throat because it was already lodged in her trachea.
61. The recordings of the Philadelphia Fire Department EMS emergency equipment
including but not limited to ETCO2 levels throughout the emergency personnel’s treatment of
Cheryl Yewdall indicate that the cleaning wipe was in Cheryl Yewdall’s trachea before
Philadelphia Fire Department EMS arrived at Merakey Woodhaven at 7:04 AM.
62. Philadelphia Fire Department EMS transported Cheryl Yewdall to Jefferson Health-
Northeast Hospital located at 10800 Knights Road, Philadelphia, Pennsylvania 19114 at 7:40 AM.
63. Jefferson Health-Northeast Hospital notes indicate that the treating emergency room
physician, Dr. John McMahon, discovered what was alternately described in the Jefferson Health-
Northeast Hospital records as “six inches of a paper towel”, “a cleaning wipe”, “a cleaning towel”,
and “a seven-inch paper towel” in Cheryl Yewdall’s trachea.
64. Jefferson Health-Northeast Hospital notes indicate that Cheryl Yewdall had
contusions on her chest.
65. Jefferson Health-Northeast Hospital notes indicate that Cheryl Yewdall suffered
“the most severe possible diffuse cerebral dysfunction, characteristic of severe diffuse anoxic brain
injury.”
66. Cheryl Yewdall died at the age of 50 on January 31, 2022 at Jefferson Health-
Northeast Hospital.
67. On March 15, 2022, the Philadelphia Medical Examiner concluded and listed the
cause of death of Cheryl Yewdall’s death as anoxic brain injury caused by an obstruction of an
internal airway by a foreign object described by the Medical Examiner as a “disposable towel.”
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68. Furthermore, the Philadelphia Medical Examiner concluded the manner of death of
Cheryl Yewdall “Could not be determined.”
69. In response to finding the cleaning wipe in Cheryl Yewdall’s trachea, Dr. John
McMahon contacted the Philadelphia Police Department.
70. The Philadelphia Police Department initiated a criminal investigation into the events
surrounding Cheryl Yewdall’s death, which is ongoing.
71. Additionally, the Pennsylvania Department of Health initiated an investigation into
Merakey Woodhaven on January 27, 2022 to determine what happened to Cheryl Yewdall.
72. On February 9, 2022 the Pennsylvania Department of Health issued an investigative
report of the events that led to Cheryl Yewdall’s death.
73. Merakey Woodhaven suspended its cooperation with the Pennsylvania Department
of Health’s investigation on February 9, 2022 on advice of their legal counsel due to the pending
police investigation into the circumstances surrounding Cheryl Yewdall’s death.
74. Merakey Woodhaven notes indicate that while using the bathroom Cheryl Yewdall
Merakey Woodhaven staff had to be within five feet of her as she needed assistance with all of her
care.
75. Merakey Woodhaven notes indicate that when she was not in the bathroom, Cheryl
Yewdall had to be checked every fifteen minutes to ensure her safety.
76. Merakey staff notes reviewed by the Pennsylvania Department of Health that
indicate that Cheryl was toileted between 6:00 AM and 6:30 AM.
77. Merakey Woodhaven notes written by Merakey Woodhaven employee Elise Clark
indicate that Cheryl Yewdall was toileted “around 6:30 AM.”
78. A Merakey Woodhaven enterprise incident management report system report
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included a statement that read as follows:
On 1/26/22 around 6:40 AM something staff(sp) came in the nurse office told me
there is an Emergency on the girl side for Cheryl Yewdall. I run there and found
her on the floor unresponsive I went to the office to get the oxygen, when I get
back, I started CPR on her chest compression and 8 litter of oxygen. Stay with her
till first responders came and took over.
79. According to the Pennsylvania Department of Health report, the third shift
supervisor stated that at approximately 6:00 AM Elise Clark changed Cheryl Yewdall and
proceeded to take two other women to the bathroom for their morning routines.
80. Importantly, despite being changed at 6:00 AM, Cheryl Yewdall was found
bottomless, face down, in a pool of urine and with a cleaning wipe in her trachea.
81. Consequently, there were three times Merakey Woodhaven said they last saw Cheryl
Yewdall before finding her bottomless, face down, in a pool of urine and with a cleaning wipe in
her trachea “around 6:40 AM something”: 6:00 AM, 6:30 AM and between 6:00 AM and 6:30
AM.
82. Importantly, Merakey Woodhaven notes Cheryl Yewdall had to be checked every
five minutes while being toileted and every fifteen minutes throughout the rest of the day.
83. A television news report aired on or about January 26, 2022 indicated that a Merakey
Woodhaven employee, presumably Elise Clark, was immediately placed on administrative leave
after the incident involving Cheryl Yewdall.
84. Pica is an eating disorder that involves compulsively eating items that are not
typically thought of as food and that do not contain nutritional value.
85. Merakey Woodhaven notes and records confirm that Cheryl Yewdall had no history
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of pica. In fact, the Merakey Woodhaven progress note for the evening of January 25, 2021, the
evening before Cheryl Yewdall was found bottomless, in a pool of urine and with a cleaning wipe
lodged in her trachea, reported that Cheryl Yewdall had played with puzzles.
86. The Pennsylvania Department of Health investigative report showed that Merakey
had no effective policies in place to prevent its residents from engaging in pica behavior.
87. According to the Pennsylvania Department of Health investigative report, another
individual at Merakey Woodhaven, identified as Individual #2 in the report, engaged in pica
behavior.
88. The Pennsylvania Department of Health investigative report noted that Merakey
Woodhaven Individual #2 had “a history of pica behavior and confirmed that (his) current plan”
did not include interventions to address pica behavior in his behavior support plan.
89. Furthermore, Merakey Woodhaven’s Director of Clinical Services stated that pica
behavior should have been included in Individual #2’s behavior support plan to prevent him from
engaging in pica behavior.
90. On February 4, 2022, or nine days after Cheryl Yewdall’s incident, Individual #2
engaged in pica behavior leading to him to be hospitalized for “acute hypoxia with acute
respiratory failure and metabolic encephalopathy.” As of February 8, 2022 Individual #2 was still
hospitalized.
91. Cheryl Yewdall’s roommate in apartment B1 in Willowood section of Merakey
Woodhaven, identified as “Individual #3” in the Pennsylvania Department of Health’s report, had
a recent history of engaging in pica behavior.
92. On May 13, 2021, a large paperclip was found in Individual #3’s bowel movement.
93. According to the Pennsylvania Department of Health’s report, Merakey Woodhaven
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conducted training “to remind staff of the importance of a clean and safe environment” for the
residents of Merakey Woodhaven.
94. The level of supervision for Individual #3, Cheryl Yewdall’s roommate, was
increased from a five-minute check to constant visual observation of her.
95. Nevertheless, the Pennsylvania Department of Health investigative report noted that
on May 28, 2021 red plastic was discovered in Individual #3’s bowel movement.
96. In response to this second pica incident, Merakey Woodhaven placed Individual #3
on “1:1 on all shifts.”
97. According to the Pennsylvania Department of Health investigative report, on
February 4, 2022, or nine days after Cheryl Yewdall was found unresponsive, face down,
bottomless, in a pool of urine and with a cleaning wipe was in her trachea, a white paper object
and a tag was observed in Individual #3’s bowel movement.
98. According to the Pennsylvania Department of Health investigative report, there was
no documented evidence that Merakey Woodhaven conducted pica sweeps from February 1, 2022
through February 8, 2022 in apartment B1 where Individual #3 resided.
99. The Pennsylvania Department of Health concluded that that Merakey Woodhaven
failed to develop and implement procedures to prohibit mistreatment, neglect and abuse of Cheryl
Yewdall, Individual #2 and Individual #3.
100. Cheryl Yewdall’s lack of any history of engaging in pica behavior indicates
that a staff member at Merakey Woodhaven placed the cleaning wipe in Cheryl Yewdall’s trachea.
101. In the alternative, Merakey Woodhaven’s gross negligence in their care of Cheryl
Yewdall enabled Cheryl Yewdall or some other person to insert the cleaning wipe in her trachea.
102. Defendants and Defendants’ authorized agents and/or employees, including but not
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4893-2724-6126, v. 1
limited to the individuals named in paragraph 10 of this Complaint, caused Cheryl Yewdall to
suffer multiple traumatic injuries due to, among other things, their failure to adequately supervise
Cheryl Yewdall and protect her from physical abuse.
103. As a result of the negligence, gross negligence, and recklessness of the Defendants
and their authorized agents, ostensible agents, servants and/or employees, Plaintiff and Plaintiff’s
decedent, Cheryl Yewdall, were caused to experience multiple injuries and damages, including the
following:
a. suffocation by a cleaning wipe lodged in her trachea resulting in hospitalization;
b. diffuse cerebral dysfunction;
c. diffuse anoxic brain injury;
d. left medial tibial plateau fracture;
e. pain as a result of failure to provide prompt and appropriate medical care and/or
treatment;
f. blackened eye and facial abrasion;
g. conscious physical pain and suffering;
h. conscious mental pain and suffering;
i. mental anguish;
j. panic;
k. fright;
l. humiliation;
m. emotional distress;
n. embarrassment;
o. past medical expenses;
p. loss of enjoyment of life and life’s pleasures;
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4893-2724-6126, v. 1
q. future loss of earnings and earning capacity;
r. panic attacks;
s. death; and
t. all economic and non-economic injuries and damages compensable under

Pennsylvania law based on the facts of this case.
FIRST CAUSE OF ACTION – WRONGFUL DEATH

CHRISTINE CIVATTE,
ADMINISTRATRIX OF THE ESTATE OF CHERYL YEWDALL
v.
DEFENDANTS MERAKEY WOODHAVEN, NHS WOODHAVEN, NORTHWESTERN
WOODHAVEN, INC. MERAKEY USA, NHS HUMAN SERVICES, INC. THE
NORTHWESTERN CORPORATION, NORTHWESTERN HUMAN SERVICES
CORPORATION, INC. MERAKEY FOUNDATION, NHS HUMAN SERVICES
FOUNDATION, NORTHWESTERN HUMAN SERVICES FOUNDATION
104. Plaintiff incorporates by reference all of the preceding paragraphs of this
Complaint as though fully set forth therein.
105. Plaintiff, Christine Civatte, individually and as Administratrix of the Estate of
Cheryl Yewdall, deceased, brings this Wrongful Death Action on Behalf of the beneficiaries under
and by virtue of the Wrongful Death Act, 42 Pa. C. S. A. § 8301, the applicable Rules of Civil
Procedure, and decisional law interpreting this Act.
106. Cheryl Yewdall left surviving him the following persons who may be entitled to
recover damages under the Wrongful Death Act:
a. Christine Civatte (mother)

1271 Almshouse Road
Ivyland, PA 18974
b. Gary Yewdall (father)

1020 Cornell Drive
Warminster, PA 18974
107. As a result of the negligent, grossly negligent, and reckless acts and omissions of
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4893-2724-6126, v. 1
the Defendants, Cheryl Yewdall was caused to suffer catastrophic injuries and death, resulting in
entitlement to damages by beneficiaries pursuant to the Wrongful Death Act.
108. Plaintiff, Christine Civatte, as Administratrix of the Estate of Cheryl Yewdall,
claims all damages and losses recoverable under the Wrongful Death Act and the decisional law
interpreting this Act.
WHEREFORE, Plaintiff Christine Civatte demands judgment and damages, including
punitive damages, against the Defendants individually, jointly and severally, in an amount in
excess of local arbitration limits and in excess of fifty thousand dollars ($50,000.00), exclusive of
pre-judgment interest, post-judgment interests, and costs.
SECOND CAUSE OF ACTION – SURVIVAL ACTION

CHRISTINE CIVATTE,
v.
Complaint as though fully set forth herein.
110. Plaintiff, Christine Civatte, individually and as Administratrix of the Estate
of Cheryl Yewdall, deceased, brings this Wrongful Death Action on Behalf of the
beneficiaries under and by virtue of the Wrongful Death Act, 42 Pa. C. S. A. § 8301, the
applicable Rules of Civil Procedure, and decisional law interpreting this Act.
111. As result of the negligent, grossly negligent, and reckless acts and
omissions of the Defendants, Cheryl Yewdall was caused to suffer catastrophic injuries and death,
result in entitlement to damages by beneficiaries pursuant to the Survival Act.
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4893-2724-6126, v. 1
112. On behalf of the Estate of Cheryl Yewdall, Plaintiff Christine Civatte claims all
damages and losses recoverable under the Survival Act, 42 Pa. C.S.A. § 8302, and the decisional
law interpreting this Act.
COUNT I – NEGLIGENCE
CHRISTINE CIVATTE,
v.
114. The negligence, gross negligence, and recklessness of all the Defendants and the
Defendants’ principals, agents, ostensible agents, servants, and/or employees, including but not
limited to the individuals named in paragraph 10 of this Complaint, consisted of one or more of
the following:
a. Failure to provide twenty-four (24) hour supervision at all times;
b. Failure to prevent Cheryl Yewdall from being physically beaten, assaulted, abused
and/or neglected;
c. Failure to secure prompt and appropriate medical care and/or treatment for Cheryl
Yewdall;
d. Failure to adequately and/or properly supervise and/or monitor Cheryl Yewdall;
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4893-2724-6126, v. 1
e. Failure to provide a safe environment for Cheryl Yewdall;
f. Failure to ensure adopt, establish, and/or enforce adequate policies and procedures
to prevent injury to the consumers at Merakey Woodhaven including Cheryl
Yewdall;
g. Failure to provide adequate and/or appropriate monetary funding, services, tools

and/or resources to Merakey Woodhaven and/or Defendants;
h. Failure to provide adequate, appropriate, and/or sufficient staffing at Merakey

Woodhaven;
i. Failure to allocate a reasonable, adequate, and/or proper proportion of the

Defendants’ income, revenue, net worth, and/or financial donations toward the
Defendants and/or Merakey Woodhaven;
j. Failure to comply and/or ensure compliance with the state and federal laws,
statutes, regulations and/or codes that are applicable to Defendants with respect to
caring for, supervising, and/or monitoring its consumers, including Cheryl
Yewdall;
k. Negligent hiring and retention;
l. Negligence per se pursuant to the Adult Protective Services Act, 35 P.S. §§

10210.101 et seq. for the neglect and abuse of Cheryl Yewdall;
m. Negligence per se pursuant to 18 Pa.C.S.A. § 2713 for neglect of a care-dependent

person, Cheryl Yewdall;
n. Negligence per se pursuant to Title 55, Chapter 2600, of the Pennsylvania

Administrative Code et seq. for failing to protect the health, safety, and well-being
of Cheryl Yewdall, and for failing to prevent and/or causing Cheryl Yewdall to
endure neglect, intimidation, physical abuse, and mistreatment;
o. Negligent supervision;
p. Failure to protect Cheryl Yewdall from victimization and/or physical abuse;
q. Failure to develop and implement adequate safety procedures and protocols;
r. Failure to ensure safety protocols and policies are enforced by staff;
s. Failure to provide adequate security and safety measures;
t. Employing an improper and/or inadequately trained person involving work which

presented a risk to the safety of others;
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4893-2724-6126, v. 1
u. Failure to control employees and/or agents, including but not limited to, Elise Clark,
Arthur David Blackshaw, Mary Thomas, Jamila Kelley, Jennifer Winters, Jean
Bogardus, Christi Amato, Sandra Bailey, Susan John, LaToya Bantum-Payton,
Petrick Sanders, J. Grosscup, Nicole Miller-Allen, Debbie St. Peter, Toshay
Wright, Nana Adai-Kwateng, thereby creating an unreasonable risk of bodily injury
to residents, like Cheryl Yewdall;
v. Failure to properly vet employees before entrusting them with the duties of
oversight, supervision, and protection of Cheryl Yewdall;
w. Failure to train and/or properly train staff;
x. Failure to have and/or enforce policies and procedures to require ongoing and
regular observation of its residents, including Cheryl Yewdall;
y. Failure to provide Cheryl Yewdall an environment safe from physical abuse;
z. Failure to ensure that Cheryl Yewdall received proper medical care for her left
medial tibial plateau fracture from at least January 9, 2021 through March 1, 2021;
and
aa. Failure to ensure that a Cheryl Yewdall was not suffocated by a cleaning wipe in
her trachea resulting in her death.
COUNT II – PROFESSIONAL LIABILITY

CHRISTINE CIVATTE,
v.
WOODHAVEN, INC. MERAKEY USA, NHS HUMAN SERVICES, INC., THE
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4893-2724-6126, v. 1
116. The negligence, gross negligence, and recklessness of all the Defendants, Merakey
Woodhaven, Northwestern Woodhaven, Inc., Merakey USA, NHS Human Services, The
Northwestern Corporation, Northwestern Human Services Corporation, Inc., Merakey
Foundation, NHS Human Services Foundation, Northwestern Human Services Foundation, and
their authorized agents, ostensible agents, servants, and/or employees, including but not limited to
the individuals named in paragraph 10 of this Complaint, in their medical and/or professional
management, care and treatment of Plaintiff’s decedent, Cheryl Yewdall, consisted of one or more
of the following:
a. Failure to provide and/or adequate, timely, and proper medical care, supervision,
and monitoring of Cheryl Yewdall to prevent her from being suffocated by a
cleaning wipe in her trachea on January 26, 2022;
b. Failure to adequately care for, supervise, and/or monitor Cheryl Yewdall at

Merakey Woodhaven despite knowing the risk that she could sustain injuries when
left unsupervised and unmonitored;
c. Failure to provide and/or secure adequate, timely, and proper medical care,
supervision and monitoring of Cheryl Yewdall at Merakey Woodhaven on January
26, 2022;
d. Failure to provide and/or secure adequate, timely, and proper medical care,
supervision and monitoring of Cheryl Yewdall at Merakey Woodhaven, including
between January 9, 2021 and March 1, 2021;
e. Failure to timely discover that Cheryl Yewdall had suffered a left medial tibial
plateau fracture prior to January 21, 2021;
f. Failure to adequately care for, supervise, and/or monitor Cheryl Yewdall at

Merakey Woodhaven;
g. Failure to properly and timely diagnose, discover and/or treat Cheryl Yewdall’s left
medial tibial plateau fracture from January 9, 2021 through January 21, 2021;
h. Failure to adequately care for, supervise, and/or monitor Cheryl Yewdall’s left
medial tibial plateau fracture from January 21, 2021 through at least March 1, 2021;
i. Failure to comply and/or ensure compliance with the state and federal laws,
statutes, regulations, and/or codes that applicable to Defendants with respect to
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4893-2724-6126, v. 1
providing and/or securing medical care for the consumers residing at Merakey
Woodhaven including Cheryl Yewdall;
j. Failure to appreciate and/or detect pain in Cheryl Yewdall;
k. Failure to properly evaluate Cheryl Yewdall for injuries, including fractures;
l. Negligence per se pursuant to the Adult Protective Services Act, 35 P.S. §§

10210.101 et seq. for the neglect and abuse of Cheryl Yewdall;
m. Negligence per se pursuant to 18 Pa.C.S.A. § 2713 for neglect of a care-dependent

person, Cheryl Yewdall;
n. Negligence per se pursuant to Title 55, Chapter 2600, of the Pennsylvania

Administrative Code et seq. for failing to protect the health, safety, and well-being
of Cheryl Yewdall, and for failing to prevent and/or causing Cheryl Yewdall to
endure neglect, intimidation, physical abuse, and mistreatment;
o. Failure to detect or determine, at Merakey Woodhaven, that Cheryl Yewdall had

suffered a left medial tibial plateau fracture; and
p. All of the acts of negligence, gross negligence, and recklessness, outlined in

subparagraphs 114(a) through 114(aa) supra.
COUNT III – GROSS NEGLIGENCE

CHRISTINE CIVATTE,
v.
117. Plaintiff incorporates by reference all preceding paragraphs of this Complaint as
though set forth fully herein.
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4893-2724-6126, v. 1
118. The conduct of the Defendants, directly and through the Defendants’ agents,
servants and/or employees, including but not limited to the individuals in paragraph 10 of this
Complaint, was incompetent, flagrant, and grossly deviated from what a reasonably careful person
would have done under the circumstances.
119. The gross negligence of the Defendants for their conduct and the conduct of the
Defendants’ actual or apparent agents, servants and/or employees, including but not limited to the
individuals in paragraph 10 of this Complaint, consisted of one or more of the following:
a. All of the factual acts, omissions, conduct, and averments outlined in paragraphs
13 through 103 of this Complaint;
b. All of the factual acts, omissions, conduct, averments, and allegations outlined in
subparagraphs 114(a) through 114(aa) of this Complaint, supra;
c. All of the factual acts, omissions, conduct, averments, and allegations outlined in
subparagraphs 116(a) through 116(p) of this Complaint, supra; and
d. All of the factual acts, omissions, averments, conduct and allegations outlined in
subparagraphs 122(a) through 122(g) of this Complaint, infra.
120. While all the factual acts, omissions, averments, conduct and allegations outlined
in paragraphs 13 through 103 of this Complaint, subparagraphs 114(a) through 114(aa),
subparagraphs 116(a) through 116(p), and subparagraphs 122(a) through 122(g) of this Complaint
rise to the level of ordinary negligence, these same factual facts, omissions, averments, conduct
and allegations also rise to the level of gross negligence and recklessness as applied under all
applicable Pennsylvania law.
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4893-2724-6126, v. 1
COUNT IV – DIRECT (CORPORATE) NEGLIGENCE
CHRISTINE CIVATTE,
ADMINISTRATIX OF THE ESTATE OF CHERYL YEWDALL
v.
Complaint as though fully set forth therein.
122. The corporate negligence arising out of the care, treatment, supervision, and/or
monitoring rendered to Plaintiff’s decedent, Cheryl Yewdall, consisted of one or more of the
following:
a. Failure to select and retain only competent staff and/or other personnel appropriate
in number, training, expertise and/or experience in order to ensure that the
Defendants’ consumers, including Cheryl Yewdall, were adequately monitored,
protected, supervised, cared for, not abused, not physically abused, and not
neglected at Merakey Woodhaven;
b. Failure to adequately oversee all persons who provided care, supervision, and
monitoring within the walls of Merakey Woodhaven, in such a manner that would
ensure adherence to proper protocols regarding monitoring, supervising, protecting,
caring for, not abusing, not physically assaulting and/or abusing, and not neglecting
consumers at Merakey Woodhaven;
c. Failure to formulate, adopt and/or enforce appropriate rules, guidelines, policies,

procedures, and/or protocols with respect to proper supervision, monitoring,
medical care, non-medical care, reporting abuse and/or neglect, investigating abuse
and/or neglect, and documenting abuse and/or neglect of the Defendants’ residents;
d. Failure to formulate, adopt and/or enforce appropriate rules, guidelines, policies,

procedures and/or protocols with respect to the prevention of suffocation of
residents by a cleaning wipe;
e. Failure to formulate, adopt and/or enforce appropriate rules, guidelines, policies,

procedures and/or protocols with respect to timely diagnosis and adequate
treatment of fractures;
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4893-2724-6126, v. 1
f. Failure to formulate, adopt, and/or enforce appropriate rules, guidelines, policies,
procedures and/or protocols with respect to investigating the general background
and/or criminal background of potential employees and employees; and
g. Negligent hiring and retention;
123. Defendants had actual or constructive knowledge of the above-referenced
defects and procedures that caused the harm to Plaintiff and Plaintiff’s decedent.
124. As a direct and proximate result of the corporate negligence of the Defendants as
set forth above, Plaintiff and Plaintiff’s decedent suffered the injuries and damages previously set
forth in paragraph 103 above.
Respectfully Submitted:
THE PEPPER LAW FIRM, LLC
James J. Pepper
By: ________________________________________
Dated: August 12, 2022 JAMES J. PEPPER, ESQUIRE
STARK & STARK, P.C.
Joseph A. Cullen, Jr.

By: ________________________________________
Dated: August 12, 2022 JOSEPH A. CULLEN, JR., ESQUIRE
Case ID: 220600107

4893-2724-6126, v. 1
VERIFICATION
I, Christine Civatte, hereby verify that I am the plaintiff in the foregoing action; that the
attached Complaint is based upon information which I have furnished to my counsel and
information which has been gathered by my counsel in preparation of the lawsuit. The language
of the Complaint is that of counsel and not of affiant. I have read the Complaint and to the extent
that the allegations therein are based upon information I have given counsel, they are true and
correct of the best of my knowledge, information, and belief. To the extent that the contents of
the Complaint are that of counsel, I have relied upon counsel in making this Verification. 1
understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §
4904 relating to unsworn falsifications to authorities.
DATED: AUGUST A, 2022

CHRISTINE CIVATTE
Case ID: 220600107

Yewdall v. Merakey

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THE PEPPER LAW FIRM, LLC Attorneys for Plaintiff

Filed and Attested by the

STARK & STARK, P.C.

Case ID: 220600107

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO

PHILADELPHIA BAR ASSOCIATION

Case ID: 220600107

USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la

USTED DEBE LLEVER ÉSTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO

SI USTED NO PUEDE PAGARLE A UN ABOGADO ÉSTA OFICINA PUEDE

ASOCIACION DE LICENCIADOS DE FILADELFIA

Case ID: 220600107

STARK & STARK, P.C.

Case ID: 220600107

CIVIL ACTION COMPLAINT

Plaintiff, Christine Civatte, as Administratrix of the Estate of Cheryl Yewdall, deceased,

1. Plaintiff, Christine Civatte, is an adult citizen of the Commonwealth of

Pennsylvania, residing therein at 1271 Almshouse Road, Ivyland, Pennsylvania, 18974.

2. Plaintiff Christine Civatte is the Administratix of the Estate of Cheryl Yewdall,

3. Christine Civatte was the mother of the decedent, Cheryl Yewdall.

4. Defendant Merakey Woodhaven a/k/and/or f/k/a NHS Woodhaven a/k/a and/or

f/k/a Northwestern Woodhaven, Inc. (hereinafter “Merakey Woodhaven”) is a Pennsylvania

an address located at 2900 Southampton Road, Philadelphia, Pennsylvania 19154. Plaintiff is

Case ID: 220600107

employees, and/or servants as stated more fully herein.

5. At all times relevant to this cause of action, Defendant, Merakey Woodhaven,

engaged in substantial, continuous, and systematic business in the Commonwealth of

Pennsylvania, and regularly conducted business in Philadelphia County.

various Merakey-affiliated and NHS-affiliated locations and facilities in Philadelphia including

Merakey Woodhaven, located at 2600 Southampton Road, Philadelphia, Pennsylvania, 19154.

continuous, and systematic business in the Commonwealth of Pennsylvania, and regularly

conducted business in Philadelphia County.

8. Defendant, Merakey Foundation a/k/a and/or f/k/a NHS Human Services

Case ID: 220600107

staffing to Merakey Woodhaven located at 2600 Southampton Road, Philadelphia, Pennsylvania,

continuous, and systematic business in the Commonwealth of Pennsylvania, and regularly

conducted business in Philadelphia County.

residents, graduate medical trainees, attending professional and para-professional personnel,

direct control or right of control.

VENUE AND JURISDICTION

11. Venue is properly laid in Philadelphia County pursuant to Pennsylvania Rule of

Civil Procedure 2179 and Pennsylvania Rule of Civil Procedure 1006.

Case ID: 220600107

at 2600 Southampton Road, Philadelphia, Pennsylvania, 19154 (hereinafter “Merakey

Yewdall at all times, including while she was at Merakey Woodhaven.

17. Cheryl Yewdall required twenty-four (24) hour supervision.

Defendants for her supervision, protection, and care.

travel longer distances.

Yewdall had a difficult time getting up to use her walker.

Case ID: 220600107

had less balance and was restless with her legs.

Yewdall had a hard time using her walker.

Yewdall had a hard time walking.

Cheryl Yewdall’s leg was x-rayed in the evening.

Case ID: 220600107

removed for skin checks.

the left leg did not appear to be fresh.

status of Cheryl Yewdall.