Asante Rogue Regional faces $303-million lawsuit after nurse allegedly diverted drugs

Published 6:00 pm Wednesday, September 4, 2024

Asante Rogue Regional Medical Center faces a $303-million medical malpractice and wrongful death lawsuit over allegations that a former RN swapped patients’ pain medication with tap water.

The lawsuit was filed in Jackson County Circuit Court on Tuesday on behalf of 18 former patients of the Medford hospital.

An Asante spokesperson declined to comment.

The plaintiffs — which include nine patients who survived their stay at Asante and family members of nine who did not — allege that the hospital failed to recruit, train and supervise employees so as to prevent drug diversion, and that the hospital failed to protect patients from unsafe tap water.

Asante contacted Medford police in December over concerns of “theft and misuse of controlled substances by a former Asante nurse that resulted in infections in multiple patients.”

The hospital began contacting an unknown number of patients during the same month. Patients and patients’ families interviewed by the Rogue Valley Times said they were first contacted in December and told that a hospital nurse was removing fentanyl from IV bags and replacing it with tap water, resulting in bacterial infections.

Tuesday’s case is the largest to date. A civil suit filed in late February by Central Point attorney Justin Idiart first named former Asante RN Dani Marie Schofield as a co-defendant along with the hospital.

In that case, which seeks $11.5 million in damages, Schofield is alleged to have caused 65-year-old Horace “Buddy” Wilson’s death by replacing the fentanyl in his IV with tap water.

Tuesday’s case filed by Medford attorney David deVilleneuve, of Shlesinger & deVilleneuve, does not name Schofield.

The former patients named in Tuesday’s filing are Patrick Lewallen, Zachariah Roberts, Justine Siemens, Rebecca Olson, Allan Kissee, Jared Phipps, Bronson Pickett, Daniel Clarke and Thomas Weisel.

The former patients who allegedly died as a result of their stay at the hospital, and who are represent family members in the suit, are Joy Manzo, Samuel Allison, Michelle Wood, Douglas Young, Roberta Porter, Herman Sheperd, Kelly Moore, Linda Becker and Marlene Murphy.

Contacted by the Rogue Valley Times on Tuesday afternoon, DeVilleneuve declined to comment on the details of the case, noting, “There are specific reasons why we filed this way, but I can’t comment why at this time.”

DeVilleneuve, who said in May that his firm was still being contacts by potential clients, said that his firm was still investigating the cases of additional possible victims.

The plaintiffs named in Tuesday’s lawsuit were all contacted by Asante officials and told they had been impacted by a hospital employee who diverted drugs.

DeVilleneuve said Tuesday, “We are seeking justice for these people in our community, and we will do everything to make sure this never happens again.”

In addition to the pair of civil suits filed to date, Schofield, who was arrested at her home near Eagle Point on June 13, faces 44 criminal counts of second-degree assault — one count for each of the 44 victims named in the criminal case.

Schofield pleaded not guilty to all counts during her first court appearance, June 14. She posted a $400,000 bond — 10% of her $4 million bail — one week later.

A pre-trial appearance for Schofield’s criminal trial is set for 9 a.m. Monday. Schofield’s attorneys have requested a stay in civil proceedings for the case filed by Idiart while her criminal case proceeds.

While Asante officials have declined to comment on the civil or criminal proceedings, Asante Senior Vice President and Chief Financial Officer Heather Rowenhorst, during a presentation before the city of Medford Hospital Facilities Authority Board in March, said the health care provider was creating a “pool of funds” in anticipation of potential payouts as a result of the drug-diversion investigation.

Bronson Pickett of Canyonville, one of the nine surviving victims named in Tuesday’s suit, said he felt relieved that the case was “finally moving forward.”

“I haven’t been feeling well and struggling with health, so it’s a relief to have something finally moving forward,” Pickett told the Times.

“We’ve just been so overwhelmed with the ongoing bills and the daily and monthly struggles. I’m trying to file for Social Security, but, of course, everything takes time. That’s my worry, how long this case could be drug out.”

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