Denver, CO- Denver trial attorney James Avery, with over 35 years experience, has been selected as a member of America’s Top 100 Trial Lawyers. Jim was honored to receive the Lifetime Achievement award. Profile here: Profile of James W Avery
July 11, 2016-Denver-Rocky Allen has changed his plea to GUILTY on both Federal charges related to the Swedish Medical Center drug diversion (Fentanyl) and is scheduled to be sentenced October 13 by a Federal judge. Federal prosecutors are recommending a sentence of seven to eleven years. Allen is being investigated by Federal authorities for separate drug diversion incidents in Washington, California and Arizona. Meanwhile, civil cases have been filed by lead attorney James “Jim” Avery (and co-counsel PaulMcInnes) in Colorado, Washington, California and Arizona related to a trail of hospital hiring and later discharges for drug diversions in Northwest Hospital (Seattle, WA), Scripps Green Hospital (La Jolla, CA), Banner Thunderbird (Glendale, AZ), HonorHealth John C. Lincoln (Phoenix, AZ) Medical Centers, and HealthOne Swedish Medical Center (Englewood, CO). Incidents at Lakewood Surgery Center (Lakewood, WA) are also being investigated.
The elements of the crime and the evidence (including prior actions in Washington, California, and Arizona) is set forth in the U.S. Atty’s Proffer of Evidence and Factual Basis for Change in Plea. Allen has admitted those facts in a sworn statement to the Court: Statement in Advance of Guilty Plea
U.S. District Court Judge Raymond Moore asked the probation department to investigate whether Allen had previously used the saline syringe that he swapped out with a fentanyl syringe he stole from the hospital where he worked. “I believe that is an important factor in sentencing,” Moore said.
Reported in the Denver Post: Nicole Williams, a spokeswoman for Swedish, declined to reveal if the hospital knows whether Allen had used the needle before. Commenting would interfere with the court case, she said.