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.

Hospitals in Four States Face Lawsuits Over HIV Hepatitis Threat

Green Hospital

Scripps Green Hospital in La Jolla, California, Northwest Hospital in Seattle, Washington, Lakewood Surgery Center in Lakewood, WA, 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 HIV and Hepatitis pathogens after 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) and replacing it with a used syringe containing saline.  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, exposing as many as ten thousand patients.  Rocky Allen is currently assigned to a half way house in Denver for drug treatment.  Meanwhile, the hospitals involved, are facing lawsuits for failure to conduct a routine background check that would have identified Allen as a convicted drug abuser.  

Denver trial lawyer James Avery has commenced lawsuits on behalf of dozens of patients in multiple state courts against the hospitals for reckless conduct in failing to conduct a basic background check which would have exposed the prior drug abuse conviction and prevented him from working in the Operating Rooms where thousands of patients have been exposed to dirty needles from drug diversion activities.  If you or a loved one has been effected by this incident, and would like to join the patient action, please fill out the contact form on this page or call Jim Avery at 866-987-4368 (866-9-URGENT).

Read the CNN article here:  HOSPITALS IN FOUR STATES WARN OF POSSIBLE EXPOSURE TO HIV.  Denver Post expose’ on hospital breaches re Drug Diversion:  Denver Post April 24, 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  Lakewood Surgery Center Case (Download notice here)

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