
Rocky Allen, the surgical tech accused of replacing fentanyl syringes with saline syringes, is HIV-positive, according to federal prosecutors in Colorado, who are urging the nearly 3,000 patients who underwent surgery during the 5 months Mr. Allen worked at Swedish Medical Center in Englewood to be tested.
Swedish fired Mr. Allen, 28, in late January, soon after the reported diversion occurred and a urinalysis tested positive for fentanyl. The hospital sent warning letters to patients who may have been exposed to bloodborne pathogens after undergoing surgery in the hospital's main ORs and orthopedic suites between August 17, 2015 and January 22, 2016. Mr. Allen tested negative for hepatitis B and C, according to federal investigators.
Nicole Williams, a spokeswoman for Swedish Medical Center, says that there is no evidence of transmission of any infection as a result of Mr. Allen's alleged criminal actions. The Colorado Department of Public Health and Environment (CDPHE) confirms that the 2,000 patients who have so far undergone testing show no signs of infection. However, around 1,000 patients have not taken advantage of the free screenings, says the CDPHE.
Mr. Allen was reportedly fired by 4 hospitals in Arizona, California and Washington state before working at Swedish Medical Center. Hundreds of patients who underwent care at facilities in those states during Mr. Allen's time of employment have been offered free disease screenings. Mr. Allen also allegedly lied about working as a surgical tech for a medical defense contractor in the Middle East and was court marshaled by the U.S. Navy in 2011 for stealing fentanyl.
"My clients are justifiably outraged and concerned for their future well-being," says James Avery, the attorney who represents 14 patients at risk of HIV exposure. "This is a classic example why hospitals need to do diligent background checks on new hires."
A federal grand jury indicted Mr. Allen in February on charges of tampering with a consumer product and obtaining a controlled substance by deceit. If convicted on all counts, he faces more than 14 years in federal prison and up to $500,000 in fines. He has been released on bond and is staying at a halfway house, according to published reports.