News Coverage

PHILADELPHIA INQUIRER

Philadelphia wrongful death attorney, Steven F. Marino, Esquire,  retained as counsel for the plaintiffs in a wrongful death suit against Wordsworth Academy.

Two years after Wordsworth teen’s death, more details released but no charges

A report released this week said that David Hess, 17, was pinned to the ground in a headlock before he lost consciousness, and then given chest compressions — at one point by a tired employee who used his foot.

David Hess died at the hands of staffers at Wordsworth, a residential treatment center for young people. A report released this week revealed new details about his death.
David Hess died at the hands of staffers at Wordsworth, a residential treatment center for young people. A report released this week revealed new details about his death.Family photoThe 17-year-old boy who died in a struggle with staffers at Wordsworth Academy in 2016 was pinned to the ground in a headlock before he lost consciousness, and then given chest compressions — at one point by a tired employee who used a foot — while an ambulance took more than 30 minutes to arrive, according to new details in a report about the death.

David Hess, who had been sent to the residential facility for troubled young people due to his behavioral needs, also had apparently been inappropriately restrained by staff members in the weeks leading up to his death and had an “antagonistic” relationship with at least one staffer, according to the fatality review report, prepared by the Philadelphia Department of Human Services’ Act 33 team. The panel of child welfare experts, doctors, and police review fatal and near-fatal incidents involving children.

Names of all staff members are redacted from the report, and two years later, no one has been charged in his death, which the Medical Examiner’s Office had deemed a homicide.

Ben Waxman, a spokesperson for the District Attorney’s Office, said in an email Thursday that prosecutors “are in the process of reviewing the investigation to make the appropriate charging decisions.”

Steven Marino, a lawyer for Hess’ family, said he did not believe charges would be filed.

“For whatever reason, they decided not to pursue a criminal prosecution,” Marino said. “The case is over two years old, so what does that say? It’s up to them, but I doubt there will be a criminal prosecution.”

Marino settled with Wordsworth, which filed for bankruptcy in June 2017, for an undisclosed amount on behalf of Hess’ family.

Hess’ death prompted the state to order the closure of Wordsworth, the city’s only residential treatment facility for troubled young people. The Inquirer and Daily News subsequently reported that the West Philadelphia facility had a hidden history of abuse, with dozens of sex crimes and allegations of abuse having been reported at the facility for years before Hess was killed.

If you have suffered the loss of a family member due to someone else’s negligence, Marino Associates can help. Use the free case evaluation form  or call 215-462-3200 to speak to one of our expert attorneys who will give you immediate answers to important questions.