A Colorado woman has become the first patient to file suit against Rose Medical Center and anesthesiologist Shawn Roth, MD, after contracting hepatitis C from a used needle left behind by former surgical tech Kristen Parker, who stole fentanyl syringes to get high while working at the Denver hospital.
In the lawsuit, Antoinette Fleisher claims Rose and Dr. Roth failed to adequately supervise, administer and manage fentanyl supplies, which put her in harms' way when she presented for surgery on Jan. 22, 2009. She also alleges the hospital and Dr. Roth failed to recognize and act on Ms. Parker's "rampant and regular" diversion of fentanyl between October 2008 and April 2009.
The lawsuit claims 7 other Rose employees were reported to the Colorado Department of Public Health and Environment for diverting drugs between July 2007 and April 2009, and blames the hospital for failing to take reasonable action to detect and stop patterns of drug diversion by its employees.
Ms. Fleisher claims the actions of Ms. Parker and the negligence of Rose and Dr. Roth left her with chronic hepatitis C and liver damage. A Rose spokeswoman says her hospital has remained committed to caring for its patients, including paying for the testing and treatment of those who were affected by Ms. Parker's criminal conduct. She says Rose uses automated medication dispensing systems, and the hospital renewed its staff education efforts and sought further innovations for drug security when Ms. Parker circumvented that safeguard.
The spokeswoman also says Rose institutes extensive background checks and drug screenings as part of its new hire vetting process and is currently working with other hospitals and healthcare organizations to better monitor, register and track healthcare professionals with the aim of making more educated hiring decisions.
Dr. Roth and his attorney declined to comment.
Ms. Parker, who also stole fentanyl syringes at Audubon Surgery Center in Colorado Springs, was sentenced on Feb. 24 to 30 years in federal prison. She claimed to be unaware that she was infected with hepatitis C, but admitted to replacing stolen needles with ones she had used to get high.
Daniel Cook
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