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Oregon nurse replaced patient’s fentanyl drip with tap water, wrongful death lawsuit alleges
The first lawsuit brought amid reports that a nurse at a southern Oregon hospital replaced intravenous fentanyl drips with tap water seeks up to $11.5 million on behalf of the estate of a 65-year-old man who died.
The wrongful death suit was filed Monday against Asante Rogue Regional Medical Center in Medford, CBS affiliate KOIN-TV reported. It also names nurse Dani Marie Schofield as a defendant.
Last month, Medford police disclosed that they were investigating potential crimes against patients involving the theft of “controlled substances,” which may have led to “adverse” outcomes for some.
Fentanyl is a powerful synthetic opioid that has helped fuel the nation’s overdose epidemic, but it is also used in legitimate medical settings to relieve severe pain. Drug theft from hospitals is a longstanding problem.
Police declined to provide more information. Schofield agreed to a voluntary nursing license suspension last November “pending the completion of an investigation,” according to Oregon Board of Nursing records. No charges have been filed.
Justin Idiart, a southern Oregon lawyer, told The Oregonian/OregonLive that he represents nine clients whose medication was swapped out, and five others have reached out for possible representation. They include the loved ones of patients who died as well as some who survived. All of his clients were treated by Schofield, he said.
Other local law firms also have been exploring litigation. Attorneys say they expect as many as three dozen cases could be filed.
The hospital did not immediately return an email from The Associated Press seeking comment Tuesday. The AP could not immediately locate contact information for Schofield, and it was not clear if Schofield is represented by an attorney.
“We were distressed to learn of this issue,” Asante said in a statement last month. “We reported it to law enforcement and are working closely with them.”
Idiart filed the lawsuit in Jackson County Circuit Court over the death of Horace E. Wilson, who died in February 2022. Wilson, the founder of a cannabis company called Decibel Farms in Jacksonville, Oregon, was treated at the hospital after he fell off a ladder. He suffered bleeding from his spleen and had it removed.
But doctors then noted “unexplained high fevers, very high white blood cell counts, and a precipitous decline,” the complaint said.
The medical center ordered Schofield to administer fentanyl to the patient starting on Jan. 29, KOIN-TV reported, citing court documents. Plaintiffs are alleging the nurse replaced the fentanyl with non-sterile tap water, bringing more bacteria into his bloodstream.
Tests confirmed an infection of treatment-resistant bacteria, Staphylococcus epidermidis. Wilson progressed to multi-system organ failure and died weeks later.
Court documents said the hospital reported three central-line associated bloodstream infections in 2021, which surged to 15 cases in 2022, KOIN reported. Plaintiffs also allege Asante admitted the infections were linked to bacteria in April 2023, KOIN reported, but the company didn’t report water contamination at any of its medical centers.
Idiart said patients who were deprived of medication suffered as a result of the medication diversion. In Wilson’s case, his family believed he was in pain even though he was supposed to be sedated, Idiart said.
Asante last December contacted Medford police regarding a former employee “that they believe was involved in the theft of fentanyl prescribed to patients resulting in some adverse patient outcomes,” the complaint said.
That month, hospital representatives “began contacting patients and their relatives telling them a nurse had replaced fentanyl with tap water causing bacterial infections,” it said.
“We continue to request the public’s patience as we strive to understand the full implications of these allegations and their effects on those involved,” Medford Police said in a statement, KOIN reported.
CBS News
U.S. Justice Department demands records from Sheriff after killing of Sonya Massey
SPRINGFIELD, Ill. — The U.S. Justice Department is demanding records related to the July shooting death of Sonya Massey — an Illinois woman who was killed in her home by a sheriff’s deputy — as it investigates how local authorities treat Black residents and people with behavioral disabilities.
The government made a list of demands in dozens of categories in a letter to the Sangamon County Sheriff’s Office, dated Thursday.
“The Sheriff’s Office, along with involved county agencies, has engaged in discussions and pledged full cooperation with the Department of Justice in its review,” Sangamon County Sheriff Paula Crouch said Friday.
Sonya Massey, a 36-year-old Black woman, was killed July 6 when deputies responded to a call about a possible prowler at her home in Springfield, Illinois. She was shot three times during a confrontation with an officer.
The alleged shooter, Sean Grayson, who is White, was fired. He is charged with murder and other crimes and has pleaded not guilty.
“The Justice Department, among other requests, wants to know if the sheriff’s office has strategies for responding to people in “behavioral health crises,” the government’s letter read. “…The incident raises serious concerns about…interactions with Black people and people with behavioral health disabilities.”
Andy Van Meter, chairman of the Sangamon County Board, said the Justice Department’s review is an important step in strengthening the public’s trust in the sheriff’s office.
At the time of the fatal shooting, the Sangamon County Sheriff’s Office was led by then-Sheriff Jack Campbell, who retired in August and was replaced by Crouch.
Deputy Sean Grayson’s history of misconduct
Grayson has worked for six different law enforcement agencies in Illinois since 2020, CBS News learned. He was also discharged from the Army in February 2016 after serving for about 19 months. He was hired by the Sangamon County Sheriff’s Office in May 2023.
In an interview with CBS News in early August, Campbell said that Grayson “had all the training he needed. He just didn’t use it.”
In a recording released by the Logan County Sheriff’s Office, where Grayson worked from May 2022 to April 2023, a supervising officer is heard warning Grayson for what the senior officer said was his lack of integrity, for lying in his reports, and for what he called “official misconduct.”
Girard Police Chief Wayman Meredith recalled an alleged incident in 2023 when he said an enraged Grayson was pressuring him to call child protective services on a woman outside of Grayson’s mother’s home. He said Grayson was “acting like a bully.”
The recording and Meredith’s description of Grayson’s conduct showed how he quickly became angry and, according to documents, willing to abuse his power as an officer.
Sangamon County Sheriff’s Office history of accusations
According to a review of court records in 2007, Massey’s killing was the only criminal case in recent history against a Sangamon County Sheriff’s Office deputy for actions on duty. Local officials characterized her shooting as an aberration.
However, CBS News obtained thousands of pages of law enforcement files, medical and court records, as well as photo and video evidence that indicated the office had a history of misconduct allegations and accountability failures before Grayson. The records challenged the claim that Massey’s death was, as said by the then-sheriff, an isolated incident by one “rogue individual.”
Local families were confident that Massey’s death was the latest in a pattern of brazen abuse that has gone unchecked for years.
Attorneys for Massey’s family recommended an updated SAFE-T Act that would expand an existing database used to track officer misconduct to include infractions like DUIs and speeding during police chases.
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