Oregon Nurse Accused of Swapping Fentanyl for Tap Water: Lawsuit Seeks $303M

A Medford, Oregon hospital is facing a $303 million lawsuit after allegations surfaced that a nurse replaced patients’ fentanyl drips with tap water, leading to severe complications. The wrongful death suit claims that the medication tampering resulted in fatal outcomes, starting with the death of a 65-year-old man. Multiple patients and families are now seeking legal action against the hospital and the nurse involved. Asante Rogue Regional Medical Center has acknowledged the issue and is cooperating with authorities.

Inside the Multi-Million Oregon Fentanyl Tampering Lawsuit: Key Details

The first suit filed against Asante Rogue Regional Medical Center in Medford, Oregon, sought up to $11.5 million on behalf of a deceased 65-year-old man. The lawsuit alleged that a nurse, Dani Marie Schofield, replaced intravenous fentanyl drips with tap water, leading to adverse patient outcomes. Although Medford police investigated potential crimes related to this case, no charges had been filed at the time.

Schofield voluntarily suspended her nursing license in November 2022 pending an investigation by the Oregon Board of Nursing. Several patients, including those who survived and the relatives of deceased individuals, have sought legal representation, with as many as three dozen cases expected to be filed. She was arrested in June this year, and charged with 44 counts of second-degree assault. The charges arose from a police investigation into the theft and misuse of controlled substances, which led to patient infections. Schofield has entered a plea of not guilty.

The first specific fentanyl-related case leading to the current lawsuit involves Horace E. Wilson, who died after receiving care at the hospital. Following a fall, he underwent surgery but later developed a bacterial infection and multi-organ failure, leading to his death. The lawsuit claims that Wilson’s family believes he was in pain due to being deprived of proper medication.

The lawsuit against Asante Medical Center alleges that the hospital’s negligence exposed patients to waterborne bacteria, resulting in infections in more than 40 patients, 16 of whom died. While the initial lawsuit sought $11.5 million in damages, the total amount now sought by victims and their families has risen to $303 million according to AP News, for the covering of medical expenses, lost income, and pain and suffering. Families of victims, including a cannabis grower and a military veteran, claim their loved ones died after receiving IV drips containing contaminated tap water. The lawsuit further alleges that the hospital failed to adequately monitor its staff despite past incidents of drug misuse and allowed unsafe levels of bacteria in the tap water.

Asante Hospital reported the incident to law enforcement and has been cooperating with the investigation. Hospital representatives have contacted affected patients and their families.

Attorney Marc A. Johnston of Johnston Personal Injury Law Firm emphasizes that “Rogue Regional Medical Center knew that its fentanyl was a target of theft and did little to monitor its supply or prevent that theft. This lack of care led to the death of 16 Oregonians,” highlighting the hospital’s failure in safeguarding its medications, which contributed to the tragic outcomes.

What Is Fentanyl and What Is It Used For?

Fentanyl is a powerful synthetic opioid, primarily used in medical settings to manage severe pain, particularly for patients undergoing surgery or those with chronic pain conditions, such as cancer. It is significantly stronger than morphine—up to 100 times more potent—which makes it highly effective for treating pain that cannot be controlled by other medications. In medical environments, fentanyl is often administered through injections, patches, or intravenous drips for controlled pain relief.

However, fentanyl’s potency also makes it a substance of concern outside medical use. It has played a major role in the opioid crisis, with illicitly manufactured fentanyl contributing to a surge in overdoses worldwide. The drug’s high potency increases the risk of overdose, particularly when it is mixed with other substances or used without proper medical supervision.

In hospitals, the use of fentanyl is strictly regulated due to the risk of misuse and theft. Any tampering with fentanyl treatments, as alleged in the Oregon lawsuit, can have serious consequences for patients. If a patient is deprived of this medication, they may suffer unnecessary pain and other complications. Misuse of fentanyl, such as replacing it with a harmless substance like tap water, could potentially lead to fatal outcomes.

Oregon Senate Bill 988 Focusing on Fentanyl Regulation

Senate Bill 988, introduced in Oregon’s 2023 legislative session, focuses on tightening regulations around the possession, delivery, and manufacture of fentanyl. The bill separates fentanyl-related offenses from general controlled substance statutes, imposing harsher penalties for fentanyl-related crimes. Unlawful possession of fentanyl can result in a misdemeanor or felony charge, depending on the amount involved. 

The bill increases penalties for delivering fentanyl, especially to minors, and includes mandatory minimum sentences for such offenses. It also criminalizes the delivery or manufacture of fentanyl within 1,000 feet of schools, classifying these violations as Class A felonies. The bill aims to address fentanyl’s growing impact by enhancing legal consequences and adjusting sentencing guidelines to reflect the severity of these offenses.

The Legal Implications of Medication Tampering in Oregon Healthcare Settings

Medication tampering in healthcare settings, particularly in Oregon, carries serious legal implications due to the potential harm it causes to patients. Tampering, which can involve altering, diluting, or substituting prescribed medications, not only jeopardizes patient safety but also violates state and federal laws. In Oregon, medication tampering is considered a serious criminal offense, with harsh penalties for those found guilty, including healthcare professionals.

Under Oregon law, individuals involved in medication tampering can face both criminal and civil liabilities. Criminal charges may include theft of controlled substances, fraud, and in extreme cases, manslaughter if the tampering leads to a patient’s death. Penalties can range from imprisonment to substantial fines, depending on the severity of the offense. Civilly, victims or their families can pursue legal action for medical malpractice, seeking compensation for damages such as medical expenses, pain and suffering, or wrongful death.

Additionally, healthcare providers or institutions can face regulatory consequences, including loss of licenses, suspension of operations, and reputational damage. Oregon’s Senate Bill 988 which we’ve already mentioned above, for instance, seeks to impose stricter penalties on the unlawful handling of substances like fentanyl, further emphasizing the gravity of medication tampering.

Seeking Justice for Fentanyl Misuse and Medical Malpractice: How Johnston Law Firm Can Help

If you or a loved one has suffered harm due to fentanyl misuse or if you suspect any kind of medical malpractice, it’s important to seek legal help. Medical errors such as medication misuse or tampering, misdiagnoses, misreading charts, or incorrect interpretations of test results are often preventable, yet they can lead to serious, life-changing consequences. At Johnston Law Firm in Portland, Oregon, we understand how devastating these situations can be, and we are dedicated to helping you pursue the compensation you deserve.

“In cases of medical negligence, no one should have to endure unnecessary suffering due to preventable errors. At Johnston Law Firm, we commit ourselves to fighting for justice on behalf of our clients. We believe in taking the time to understand your unique circumstances, so we can effectively hold medical professionals and institutions accountable. It’s not just about financial compensation; it’s about restoring peace of mind and helping victims and their families move forward with their lives.” – Marc A. Johnston

We offer a free initial consultation to review your case and provide guidance on the next steps. Our goal is to help you and your family recover and rebuild after medical injuries, ensuring you receive full and fair compensation. Contact Johnston Personal Injury Law Firm today for the legal support you need.