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Asante faces over $488 million in damages with new drug diversion suit

A building with a ramp leading up. A sign over the ramp says, "Emergency Emergencia" In the background is a 5-story building, a sign at the top says, "Asante"
Roman Battaglia
/
JPR News
The entrance to the emergency department at Asante Rogue Regional Medical Center in Medford, January 4, 2024.

Alleged victims of drug diversion have filed a new multi-million dollar lawsuit against the Medford hospital.

Asante Rogue Regional Medical Center now faces over $488 million in lawsuits by those claiming their intravenous pain medication was swapped with non-sterile tap water. Police say infections caused by diversion of the synthetic opioid fentanyl killed 16 people.

The latest complaint, filed on Nov. 14, seeks $22.45 million in damages for three victims: Marty Bolin, Ronald Sizemore and Rebecca Rogers. Bolin and Sizemore died due to infection caused by the drug swapping, according to court documents.

The lawsuit claims the hospital should have known the high likelihood of drug diversion, and better protected patients from its impact, due to previous incidents at Asante between 2016 and 2017.

Twenty-three parties are now suing the hospital in civil court. The largest complaint includes 18 plaintiffs and seeks $337,785,00 in damages.

Although potential damages from lawsuits are creeping toward half-a-billion dollars, Dr. Ge Bai, professor of accounting at Johns Hopkins Carey Business School and an expert in health care finance, said Asante isn鈥檛 at the brink of insolvency.

鈥淚t will increase their risk, but I think there's no imminent threat for bankruptcy at this point,鈥 said Bai.

She called the potential $488 million payout a 鈥渧ery big financial hit,鈥 but noted the hospital had over . And while Asante鈥檚 operations have lost money lately, the hospital鈥檚 return on investments have made up for the deficit, said Bai.

鈥淎s long as they can turn around their operations, given that they have a relatively low level of debt, they should be able to sustain their operations,鈥 she said.

Bai said that hospitals face malpractice suits regularly, but the magnitude of this situation is rare.

The Jackson County District Attorney鈥檚 Office charged former nurse Dani Marie Schofield in June with 44 counts of Assault in the 2nd Degree, one count for each alleged victim, related to the alleged drug diversion. All but one party suing in civil court, the estate of Horace Wilson, is named in that criminal indictment. While the charges span July 2022 to July 2023, lawyers suing Asante on behalf of Wilson claim he died of an infection caused by Schofield in Feb. 2022.

Schofield is currently out on a $4 million bail. A pre-trial conference for her criminal charges is scheduled for Dec. 30. She faces a minimum sentence of 70 months for each charge of assault.

Justin Higginbottom is a regional reporter for 老夫子传媒. He's worked in print and radio journalism in Utah as well as abroad with stints in Southeast Asia and the Middle East. He spent a year reporting on the Myanmar civil war and has contributed to NPR, CNBC and Deutsche Welle (Germany鈥檚 public media organization).