Patient Complaint filed in San Diego California against Scripps Health d/b/a Green Hospital

A copy of the Complaint filed in San Diego Superior Court, captioned Jose Vidrio v. Scripps Health can be found here:  HCA California Complaint 4 -28-16


4/28/2016 4:14:40 PM CST


            Re: Town Hall Meeting (04/29/16) Re Patient Lawsuit Against Scripps Green Hospital


La Jolla, CA- AVERY LAW FIRM (Denver, CO), PAUL McINNES LLP (Kansas City, MO) and HILLYARD WAHLBERG KUDLA SLOANE & WOODRUFF LLP (Denver, CO) will host a Town Hall meeting to discuss the patient lawsuit against Scripps Green Hospital (La Jolla, CA), based on the patients suffering extreme emotional distress and bodily injury as a result of exposure to HIV, Hepatitis B and Hepatitis C as a result of the reckless hiring of convicted drug abuser Rocky Allen as a surgical technologist to work in the O.R. after he was court-martialed in 2011.  Allen was indicted a second time in February on federal drug charges in Denver. According to Federal prosecutors in Denver, Allen has tested positive for “bloodborne pathogens.”  No further information has been released. Scripps has sent a letter to the patients exposed to get tested for HIV, Hepatitis B and C.


Before his hiring at Scripps Green Hospital, Allen had been discharged from the Navy where he was court-martialed and admitted stealing and possessing Fentanyl with intent to use it on himself while on duty in Afghanistan.  A public affairs officer of the Office of the Judge Advocate General of the Navy was reported in the Denver Post on February 26, 2016 as saying a telephone call from a hospital to the Navy’s personnel command inquiring about Allen’s military service would have revealed the court martial. 


Similar claims are pending against other hospitals: Swedish Medical Center (CO), Northwest Hospital (WA), Banner Thunderbird and HonorHealth John C. Lincoln Medical Centers (AZ). Approximately 5,000 patients are suspected of being exposed to infection as a result of the employment in the five hospitals. 


Jim Avery will conduct the Town Hall meeting on Friday, April 29, 2016 from 6-9PM at the San Diego Marriott La Jolla, 4240 La Jolla Village Drive, San Diego, CA  92037 in the Pacific Beach Room to explain the details of the case to the public. Visit or for additional information.


Contacts for further information:

Denver-Attorney Jim Avery/Avery Law Firm:  303-840-2222

Kansas City – Attorney Rick Paul/Paul McInnes LLP:  855-984-8100

Denver – Attorney Dan Sloane/Denver Trial Lawyers: 303-571-5302

If you or a loved one has been affected by this atrocity, please feel free to contact Jim Avery or fill out the contact form below:

Comments or questions are welcomed.

Baby suffers ‘non-accidental’ spiral leg fracture at Children’s Hospital Colorado

August 24, 2016-Baby Sims was transferred to Children’s Hospital Colorado at just two days old, and after being in the NICU for several weeks, was discovered to have a spiral fracture that was suspicious for “non-accidental” trauma.  The Montana parents immediately reported the incident to Aurora Police, who are investigating.  The Sims family has hired Denver trial attorney James Avery after they were put on a behavioral contract for complaints to the Hospital staff, who were inattentive to their child and their reports that Baby Sims was suffering in the NICU.  A notice of intent to sue has been filed against CHCO.  

Fox 31 Rob Low is also investigating the incident, and his exclusive report aired on the 9:30pm News.  Here is the link to the story: Fox31 News Report

If you have any information about the case, please contact James Avery or complete the contact form below.

Comments or questions are welcome.

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