MEDFORD, Ore. – A local law firm representing nine patients who survived and the families of another nine who died, filed a malpractice and wrongful death lawsuit against Asante. They’re asking for over $300 million.
This civil lawsuit, filed by Schlesinger and DeVilleneuve is the largest lawsuit filed so far against Asante Rogue Regional Medical Center in connection to the alleged drug diversion that NBC5 News first reported in December 2024.
“One of the reasons why I’m so interested in this case is because I just want to find out what the truth is,” said David DeVilleneuve with Schlesinger & DeVilleneuve; who has been working with alleged Asante victims and their families for months.
The multi-million-dollar civil lawsuit against Asante alleges the health system didn’t follow safety protocols and prevent a nurse from replacing fentanyl, meant for patients, with tap water; causing infections.
Medford Police Chief Justin Ivens said,
“Asante conducted an internal investigation which isolated these infections to a specific time frame from July of 2022 to July of 2023. They isolated the location of where these infections were occurring within the hospital, the ICU unit, and one employee…”
Medford police arrested former Asante nurse, Dani Marie Schofield in June this year.
MPD said the investigation started after Asante became concerned with a rising number of central line infection cases. Schofield now faces 44-counts of second-degree assault in connection with the alleged drug diversion case at RRMC.
Chief Deputy District Attorney of Jackson County Patrick Green said,
“I think this will go down as the most complex, biggest case this county has ever seen and our office has ever handled.”
While the criminal trial against Schofield continues, the civil lawsuit claims Asante knew or should have known of the likelihood of drug misuse by its employees. One of the reasons listed in the lawsuit behind the claim, is Asante’s repeated instances of drug misuse by employees in the past. NBC5 News reached out to the attorneys at Schlesinger & DeVilleneuve to elaborate but they were unavailable for an interview. However, they did provide a statement, “We are getting justice for these people, and we will make sure this never happens again.”
Outside of the alleged repeated instances of drug misuse the lawsuit said Asante should have known due to the prevalence of misuse nationally. Dr. Robin Miller said, “You don’t think of medical professionals doing this but 10% of medical professionals divert drugs. 10%. That’s a lot.”
The lawsuit alleges that patients, particularly those who lived, suffered paid that they otherwise would not have experience had pain medication not been diverted.
DeVilleneuve said Asante will have a deadline to respond to the lawsuit and is waiting to hear back from the courts for information on moving forward. We reached out to Asante, but they were unavailable for comment.
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