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Law360 (April 1, 2020, 2:15 PM EDT ) Massachusetts Republican Gov. Charlie Baker has tapped McDermott Will & Emery LLP partner Mark W. Pearlstein to investigate "what went wrong and why" leading up to the coronavirus-related deaths of residents in a state-run nursing home for veterans in Holyoke.
Pearlstein's investigation will focus on what happened inside the 247-bed facility leading up to the deaths of 13 veterans, according to the governor's office. As of Tuesday, tests showed six of the deaths were from COVID-19.
Speaking Wednesday from a field hospital being deployed at Worcester's DCU Center, Baker said he hired Pearlstein "to conduct an independent investigation with respect to what happened, and when it happened, and what didn't happen and when it didn't happen in the period leading up to the discovery Sunday night."
Asked what he expects to unearth in the investigation, Baker said, "I don't anticipate anything at this point other than a thorough investigation by a trained professional who has an outstanding reputation who I believe will give us what we want, which are answers to what happened there, and what went wrong and why — and what we can do to make sure it doesn't happen again."
The probe will also evaluate the management and organizational oversight of the facility's response to the viral outbreak, Baker's office said.
Pearlstein, a former assistant U.S. attorney, practices white collar criminal defense at McDermott as well as complex commercial litigation, arbitration and internal investigations. He studied at the University of Michigan and Harvard Law School.
Pearlstein recently represented a pharmacist in the New England Compounding Centers tainted drug case. His client, Joseph "Matt" Evanosky, was found not guilty.
News of the "heartbreaking" coronavirus-related deaths didn't reach Baker until Sunday night, he said.
"As someone who has visited this amazing place on multiple occasions and found it to be a source of joy and grace and comfort and kindness for the residents, their families and the staff that works there, this episode is a gut-wrenching loss that is nothing short of devastating to all of us," Baker said Tuesday.
Baker has ordered all the patients and staff tested and set up a new clinical team at the nursing home. He deployed the National Guard to assist the effort and sent resources from the state's supply of personal protective equipment.
Massachusetts has reported 7,738 confirmed cases of COVID-19 and 122 deaths from the virus, as of Wednesday afternoon.
Also on Wednesday, the state's trial courts said they would stay closed and only hear emergency matters in person until May 4.
A representative for McDermott Will & Emery declined to comment Wednesday on Pearlstein's investigation.
--Editing by Stephen Berg.
Updated: This story has been updated with additional information.
For a reprint of this article, please contact reprints@law360.com.
