Oregon hospital hit with $303M lawsuit after a nurse is accused of replacing fentanyl with tap water

MEDFORD, Oregon — Attorneys representing both living and deceased patients at an Oregon hospital filed a $303 million lawsuit against the facility on Tuesday after a nurse was accused of replacement of prescribed fentanyl with non-sterile tap water in intravenous drips.

The wrongful death and medical negligence complaint accuses Asante Rogue Regional Medical Center in Medford of negligence. The lawsuit alleges the hospital failed to monitor drug administration procedures and prevent diversion of medications by its employees, among other claims.

A spokesman said the hospital had no comment.

Dani Marie Schofield, a former nurse at the hospital, was arrested in June and charged with 44 counts of second degree assaultThe charges stem from a police investigation into the theft and misuse of narcotics that resulted in infections in patients. She has pleaded not guilty.

Schofield is not named or listed as a defendant in the complaint filed Tuesday. A separate suit was filed earlier this year against Schofield and the hospital on behalf of the estate of a 65-year-old man who died.

The 18 plaintiffs in the new lawsuit are nine patients and the estates of nine deceased patients. According to the lawsuit, the hospital began notifying them in December that an employee had substituted fentanyl for tap water, causing bacterial infections.

“All of the patients who filed as plaintiffs were infected with a bacteria specifically associated with waterborne transmission,” the complaint states.

The lawsuit alleges that all of the plaintiffs suffered from psychological distress. It seeks millions of dollars in damages for medical expenses, lost income, and the pain and suffering of the deceased.

Medford police launched an investigation late last year after hospital officials noticed a disturbing spike in infections through central lines from July 2022 through July 2023. They told police they suspected an employee had diverted fentanyl.

Fentanyl is a powerful synthetic opioid that has fueled the country’s overdose epidemic, but it is also used in legitimate medical settings to relieve severe pain. Medicine theft from hospitals is a long-standing problem.