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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

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Rocky Allen HIV Hepatitis Infection Risk Generates Lawsuits in Four Western States

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Traveling surgical technologist Rocky Allen was indicted by a Federal Grand Jury after being caught stealing the most potent pain killer, Fentanyl, from an operating room at Swedish Medical Center (Englewood, Colorado).  The grand jury investigation revealed that Allen is a carrier of ‘bloodborne pathogins’ (commonly HIV, Hepatitis B or Hepatitis C).  Investigations has revealed that Allen had been terminated at numerous prior hospitals, and discharged from the Navy in 2011 (before being employed by any of the hospitals) for similar crimes.  None of these crimes was reported by the Hospitals where Allen worked as required by  federal (DEA) and state regulations and this allowed him to move from hospital to hospital, state to state, infecting perhaps as many as ten thousand patients.  Rocky Allen has pled guilty to all charges, been reported to test positive for HIV, and is currently assigned to a half way house in Denver for drug treatment.  The hospitals involved, UW Northwest Hospital in Seattle, Washington, Scripps Green Hospital in La Jolla, California, Banner Thunderbird Hospital in Glendale, Arizona, HonorHealth John C. Lincoln Medical Center in Phoenix, AZ and HealthOne Swedish Medical Center in Englewood Colorado are denying any responsibility to patients, but have been ordered by state Health Departments to notify patients to be tested for the pathogens.  The testing will be ordered by and paid for by the hospitals.  Test results will go to the hospitals, then get reported to patients by the hospitals.   Many patients have reported testing positive for Hepatitis B and C. (The source of the infection presumably a dirty needle used in the O.R. as a result of Rocky Allen switching needles to steal Fentanyl).  Patients with Hepatitis infections are urged to get immediate treatment from their own physician.

Mass tort lawsuits seeking substantial money damages for the victims, as well as injunctive relief against the hospitals, have been filed by Avery Law Firm with co-counsel Paul McInnes (mass tort firm from Kansas City, MO) and local counsel, in Washington (Seattle), California (San Diego), Arizona (Phoenix) and Colorado (Denver) state courts. 

IMPORTANT CASE UPDATE- The first civil case trial arising from the Rocky Allen HIV exposure to thousands of surgery patients in four states has been set.  The jury trial is set to commence in the Superior Court of King County (Seattle WA) on May 22, 2017.  Updated (2/21/17) the trial date has been changed to October 30, 2017- The trial setting is for Tong v Northwest Hospital (et al.), Case No. 16-2-12268-0 SEA (Judge Bowman-Dept 19).

If you or a loved one has been notified of exposure to HIV and Hepatitis at UW Northwest Hospital (Seattle, WA) or Scripps Green Hospital (LaJolla, CA), Banner Thunderbird Hospital (Glendale, AZ), HonorHealth John C. Lincoln Medical Center North (Phoenix AZ) or Swedish Medical Center (Englewood, CO), and you have questions or would like to join the patient action(s), please feel free to contact lead trial lawyer Jim Avery at 866-987-4368, 303-840-2222 or complete the contact form below.  You may be entitled to substantial money damages.  

Our fee promise- If no recovery, you owe us nothing.

Read the Denver Post article here:  Denver Post Mar. 28, 2016

A copy of the Colorado complaint can be found here:  [CO Patient Complaint].  A copy of the Arizona complaint can be found here:  AZ Patient Complaint.  A copy of the Washington complaint can be found here:  WA Patient Complaint.  A copy of the California complaint can be found here:   CA Patient Complaint

ARIZONA patients click here for additional information:  John C Lincoln Med Ctr Case  Banner Thunderbird Case

  • 12 News story about Arizona Hospital Lawsuit:  12News

CALIFORNIA patients click here for additional information:  Scripps Green Hospital Case

WASHINGTON patients click here for additional information:  UW Northwest Hospital Case

COLORADO patients click here for additional information:  Swedish Med Ctr Case

If you or a loved one has been exposed to this risk, and have questions, Avery Law Firm can help.  Feel free to contact us by filling out the form below or calling Jim Avery at 866-987-4368 or 303-840-2222.

Comments or questions are welcome. All information confidential. No fee or costs owed unless we recover! Contingency fee agreement required.

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