Denver, CO- Former Surgical Technologist Rocky Allen was sentenced today by Judge Raymond Moore of the U.S. District Court of Denver to 78 months in a Federal prison, plus three years supervised probation, for a single count of Tampering with a Consumer Product (Fentanyl diversion), and 48 months (concurrently) for a single count of Obtaining a Controlled Substance (Fentanyl) by Deceit or Subterfuge at Swedish Medical Center on January 22, 2016. In the case, Allen pled guilty but failed to acknowledge harm to any patients. In his Statement in Mitigation, Allen failed to mention the patients who he exposed to HIV. The Judge, however, acknowledged the pending lawsuits as a result of Allen’s conduct and based his sentencing decision on the “massive collateral damage” to 2,400 patients who were exposed and required to be tested for HIV and Hepatitis.
O’Hara said there was no harm and that no one was hurt, but Civil Attorney James Avery said that’s not the case.
“We dispute that,” he said. “Many of my clients have tested positive for hepatitis. The source of that hepatitis has yet to be discovered, but we know he was taking needles out of a trash bin. So, the source of the hepatitis wasn’t necessarily Rocky Allen.”
Avery questioned the 78 month sentence.
“I think many of my clients, who feel like they received a possible death sentence from this individual, feel like it won’t be enough,” Avery said.
He added that he appreciated the judge’s comments.
“(The judge) emphasized the massive collateral damage. This was not just one incident of one needle being swapped, but 2,400 people are being affected,” he said. “The judge saw the bigger picture.”
Avery said the civil case against Swedish will go to trial after a similar case involving one of the other hospitals where Allen worked, is over. That trial, in Washington, begins in May 2017.
Denver trial attorney James “Jim” Avery represents and is the lead trial attorney in for one hundred patients in civil damages cases pending in WA, AZ, CA and CO over the exposures by Rocky Allen, who has admitted testing positive for HIV.
If you or a loved one has been notified of exposure to HIV or Hepatitis by Rocky Allen or at Northwest Hospital (Seattle), Scripps Green Hospital (LaJolla, CA), Banner Thunderbird Medical Center (Glendale, AZ), John C. Lincoln Medical Center (Phoenix, AZ) or Swedish Medical Center (Englewood, CO), feel free to contact Jim Avery at 303.840.2222 or complete the contact form below to be considered for inclusion in the Patient Rights Action pending in the courts.
Comments or questions are welcome. All information confidential. No fee or costs owed unless we recover! Contingency fee agreement required.