In September 2024, our firm filed a nearly $350 million lawsuit against Asante Rogue Regional Medical Center on behalf of several plaintiffs following one of Oregon’s most serious drug diversion cases. The nurse at the center of this incident has been arrested and charged with 44 counts of second-degree assault. At the time of this article, our firm’s claims against Asante are ongoing, and we are confident our clients will receive the justice they deserve.
However, drug diversion cases involving medical facilities or practitioners are not limited to Oregon—or any single state. This has become a national issue.
Understanding Drug Diversion
Drug diversion, sometimes referred to as controlled substance diversion, occurs when medication is taken by someone other than the intended recipient for whom the drug was prescribed. In a broader sense, this can happen when a family member takes medication prescribed to another relative or when a dinner guest takes prescription medication from a host’s medicine cabinet.
However, in medical facilities, drug diversion is particularly dangerous. It often occurs when healthcare professionals steal pain medications intended for patients undergoing procedures or needing pain management. These diverted prescription drugs, meant to alleviate suffering, frequently end up fueling addiction, black-market sales, and serious health risks.
As a result, the legal system is seeing a growing number of lawsuits related to drug diversion—targeting hospitals, pharmacies, drug manufacturers, and even individual healthcare professionals.
Diversion Opportunities – Access to Drugs
The motives behind drug diversion vary—addiction, curiosity, medical need, financial gain, and more. Regardless of the motivation, successful diversion often depends on ease of access. The easier the access, the more likely the diversion.
In healthcare settings, opportunities for diversion include:
- Medication left unattended on medical transport carts
- Unmonitored medications used during surgical procedures
- Medication storage stations with minimal supervision or unlocked cabinets
- Medications left behind after patient discharge
- Medications stored in workstations alongside employees’ personal belongings
- Improper disposal of medications
This small sample of risks highlights the vulnerabilities in drug distribution within healthcare facilities.
Who Are the Victims of Drug Diversion?
The clients we represent in the case against Asante Rogue Regional include patients and the families of patients who died. Patients are often the primary victims of drug diversion. When drugs intended for a patient’s surgery, recovery, or pain management are stolen or significantly diluted, the patient is deprived of critical relief.
No one would willingly undergo surgery knowing they won’t receive proper anesthesia. However, drug diversion can make this a reality. In some cases, patients suffer more than just untreated pain. A serious risk arises when the diverter injects themselves with the drug before administering the remaining dose to the patient. If the diverter has a communicable disease, they risk infecting already vulnerable patients.
For example, in the multiple lawsuits against Asante Rogue Regional, it is alleged that in addition to stealing pain medication, the nurse replaced it with tap water containing bacteria, further endangering patients.
In another high-profile case, David Kwiatkowski was sentenced to 39 years in prison after exposing 39 patients to hepatitis C. He diverted fentanyl by injecting himself first and replacing the drug with saline, which was later used on patients undergoing medical procedures at a New Hampshire hospital.
Beyond the patients, co-workers, family members, and friends also suffer from the diverter’s actions.
Prevention Measures
Drug diversion in healthcare is not a new problem. Hospitals, clinics, and other medical organizations must take all reasonable steps to prevent it. The Code of Federal Regulations (CFRs) includes specific requirements for procedures, controls, and security measures to prevent theft and misuse of controlled substances.
The Drug Enforcement Administration (DEA) has also outlined strict security protocols in the DEA Practitioner’s Manual that medical facilities must follow to prevent drug diversion.
Numerous medical and health-related journals have published studies on best practices for secure drug management in healthcare settings. In larger institutions, such as Mayo Clinic, dedicated teams investigate drug diversion events.
The key to success in these efforts includes:
- Active staff participation
- Timely reporting of suspected diversion activities
- A responsive investigatory body
- Immediate corrective action
A “don’t ask, don’t tell” attitude—whether among medical staff or encouraged by an institution—exposes patients and others to serious harm.
Legal Consequences for Those Involved
Individuals and organizations accused of drug diversion face severe legal and financial consequences, including:
- Criminal Charges – Those caught illegally diverting drugs face fines, license revocation, and possible imprisonment. For example, in the case against Asante Rogue Regional Medical Center, the nurse accused of diversion is awaiting trial on 44 counts of second-degree assault.
- Civil Lawsuits – Victims or their families can sue for damages caused by drug diversion. Our case against Asante is one such example.
- Regulatory Actions – Organizations may face penalties from the DEA, FDA, and state medical boards. For example, the University of Michigan Hospital paid $4.3 million to settle a DEA case alleging violations of the Controlled Substances Act.
What Can Be Done to Prevent Drug Diversion?
Seeking Legal Help for Drug Diversion-Related Harm
If you or a loved one has suffered due to drug diversion—whether through medical negligence, a hospital’s failure to secure medications, or harm caused by diverted drugs—you may have legal options.
At Shlesinger & deVilleneuve, we specialize in holding negligent parties accountable and fighting for justice. Contact us today for a free consultation to discuss your legal rights.
