'It Shattered Us': Nursing Home Failures Led to Walmart Greeter's Death, Lawsuit Says

CLEARFIELD, Utah (ABC4) — A Walmart greeter from Layton died due to an infection she acquired at a skilled nursing facility. Her family claims the incident was caused by systemic issues.

On July 27, 2023, Tamara Bircumshaw, aged 66 and commonly referred to as "Tammy," sadly died as a result of issues caused by pressure wounds and infections she developed while recovering from a hip injury atRocky Mountain Care in Clearfield.

"Complete disregard from their side is what ultimately led to her demise," said Kenny Bircumshaw, Tammy's son.ABC4.com.

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A workplace accident

She sustained a back injury at work and went to Seattle for the back surgery," Kenny said. "After her back was fixed... it began to worsen on her hips, so she needed hip replacements.

As per a legal complaint submitted by the Bircumshaw family, Tammy was admitted to Rocky Mountain Care Clearfield on July 10, 2022, following hip surgery resulting from her job-related injury.

"She was anticipated to be present for a brief duration and then have the other hip addressed," Barry Toone, a lawyer with theElder Care Injury, said.

Within 11 days of being at Rocky Mountain Care Clearfield, Tammy's family noticed a pressure wound on her back.

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The Bircumshaw family was worried about the sore, even though the facility informed them the wound was improving. “Initially, she was very happy and upbeat. Then, as she began to worsen, she was in pain and just very unhappy,” Kenny remembered.

Tammy’s condition deteriorates

Kenny mentions that he and his son took on numerous nursing tasks during Tammy's stay at Rocky Mountain Care Clearfield, such as replacing her bed linens. He also remembers, on multiple occasions, dealing with the aftermath of his mother's colostomy bag bursting.

"When she returned to the hospital for the second hip procedure, they informed her that it couldn't be done due to the pressure ulcer," Toone said.

"The surgeon contacted us from the operating room, stating that he couldn't proceed with the surgery because she had an extensive pressure sore," Kenny said.

As per the legal complaint, one month following the canceled procedure, the sore came back positive for MRSA,an antibiotic-resistant germwhich may result in infections, pneumonia, and ultimately, death.

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Ms. Bircumshaw did not start getting specialized wound care until December 27, 2022, when she was found to have a stage 4 pressure ulcer," the legal complaint states. "At that point, she had already developed three pressure sores.

Tammy, whose sore has now revealed bone, was scheduled for surgery to aid in the healing of her infected wounds, but it did not help.

"She ultimately suffered a pressure wound measuring 11 by 10 by 4 centimeters, and she passed away due to sepsis," Toone said. The size of the wound was equivalent to two iPhones placed next to each other.

She remained lying there, suffering... on her final day of life," Kenny said. "She told my son that she loved him. That was the only thing she said all night, and she died in the morning.

ABC4.com contacted Rocky Mountain Care Clearfield, who chose not to respond, referring to ongoing legal proceedings.

‘Chronically understaffed’

According to information from the Centers for Medicare & Medicaid Services (CMS), Rocky Mountain Care Clearfield has "below average staffing" and has been fined more than $66,000 in recent years.

"They're significantly understaffed considering the number of people they bring in," Kenny said.

CMS reports indicate that the facility has over two times the number of residents compared to the average facility in Utah, while nursing staff hours fall below the state's average.

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The lawsuit alleges Rocky Mountain Care Clearfieldwas "perpetually short on staff" even though it received more than $2.9 million in extra federal support in the months before Tammy's passing.

"They must increase their workforce and... hire more personnel because there are too many individuals for the current number of staff," Kenny added.

"Facilities that have received hundreds of millions of dollars in additional Medicaid funding are actually faring worse in terms of staffing levels," Toone stated.

Institutional problems

In records obtained by ABC4.com, the extra money is linked to a program called theUpper Payment Limit (UPL) initiative, which offers additional Medicaid funding for specific "community hospitals" that cater to residents eligible for Medicaid.

In theory, increased funding leads to better quality of care," Toone stated. "There isn't much clarity regarding how that money is truly being spent.

Documents showThat Beaver Valley Hospital currently operates more than 40 nursing facilities funded by UPL across Utah, including Rocky Mountain Care Clearfield, which received over $1.3 million in 2025 alone. However, Toone claims the hospital is not heavily involved in day-to-day management.

Through lease agreements and management contracts, they're essentially allowing for-profit chains or private equity firms to manage everything," Toone stated. "It's a legal loophole that enables them to access extra Medicaid funding.

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Beaver Valley Hospital takes an "administration fee" along with a federal contribution, resulting in only 49% of the money reaching the actual facilities.according to the Homecare and Hospice Association of Utah (HHAU).

Data indicates that nearly all facilities owned by Beaver Valley Hospital get more than a million dollars in additional federal funding annually via the UPL program.

Beaver Valley Hospital's agreements with nearby facilities contain clauses that make it simple for the hospital to end the contract if the nursing home loses its UPL certification, one such agreement obtained byABC4.com shows.

If you look at UPL facilities compared to those that aren't UPL, the UPL ones actually perform much worse than the non-UPL ones," Toone said. "This suggests that whatever the funds are being spent on isn't leading to better patient care.

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As per a new legislative review, the ownership of Beaver Valley Hospital's nursing facility has increased by 900% since 2014.

In theory, I believe the UPL program is extremely good," Toone said. "We don't want it to disappear. We want it to function more effectively.

ABC4.com has contacted Beaver Valley Hospital multiple times for statements but has not received a reply yet..

Fostering change

Elder Care Injury is a group of attorneys who specialize in cases related to elder mistreatment. Toone mentions that the team currently handles numerous wrongful death lawsuits at nursing facilities, including onewhich resulted in the death of a former nurse at an Orem assisted living center.

She was our foundation, our whole world," Kenny said, recalling his mother. "She was everything to me, and it's been difficult without her.

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The Bircumshaw family urged leaders to implement the necessary institutional reforms to avoid further preventable deaths in nursing homes.

Imagine it's a family member in that bed, not just a source of income," Kenny said. "Don't let this happen to anyone else... because it's truly awful to experience.

Tammy is survived by five sons and three grandchildren.

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