On Monday, January 13, 2025, NewsWatch 12 reported that Judge Benjamin Bloom of the Jackson County Circuit Court decided to stay a significant civil case involving Asante Rogue Regional Medical Center while denying motions for his recusal. The case, which involves claims of drug diversion and seeks $348 million from Asante, has brought together 21 plaintiffs who allege serious misconduct by a former nurse.
Judge Bloom granted a motion to pause the civil proceedings at the request of Dani Schofield, the former nurse facing 44 felony counts of assault related to her actions at Asante. Schofield is accused of diverting fentanyl intended for patients, replacing it with tap water, which allegedly resulted in infections and harmed the patients involved. Her criminal trial is set to take precedence, with the judge noting that her rights under the Fifth Amendment could be compromised if she were required to testify in the civil case before defending herself in the criminal trial.
The civil lawsuit was initially filed without Schofield as a defendant, but Asante later amended the case to include her. Asante’s involvement as a plaintiff in this context complicates the matter, as the hospital also faces significant allegations stemming from the drug diversion claims. The Medford Police Department has substantiated claims against Schofield, identifying 44 victims and leading to her indictment by a grand jury in June 2024.
At the same hearing, Judge Bloom also addressed two motions filed for his recusal due to concerns about impartiality. The motions were put forth by plaintiffs’ attorney David deVilleneuve, who argued that Bloom’s previous association with Asante could hinder a fair trial process. However, Judge Bloom denied these motions.
In his ruling, Judge Bloom emphasized the need to ensure that Schofield’s rights are protected during the legal proceedings. He stated that forcing her to participate in the civil case could jeopardize her right against self-incrimination, a fundamental aspect of the U.S. legal system. Schofield’s attorney, Clark Horner, strongly supported this argument, highlighting the potential legal ramifications of requiring her testimony before the resolution of the criminal charges.
The civil case is one of four separate lawsuits related to the alleged drug diversion at Asante, which has been under scrutiny for incidents occurring in 2022 and 2023. The ongoing investigation has raised concerns, with reports indicating that 16 of the identified victims died, although medical experts have not conclusively linked their deaths to the alleged drug diversion.
In addition to the case involving Schofield, other civil suits have been filed against Asante. The first case was initiated in February 2024 by attorney Justin Idiart, representing the estate of a victim, Horace Wilson, seeking $11.4 million. Subsequent cases include a $116 million claim by plaintiff Candi Kay Palomares and a $22 million lawsuit involving three other plaintiffs, all of whom are also listed as victims in the criminal indictment against Schofield.
As the legal proceedings continue, the implications of Judge Bloom’s decisions will be closely monitored by all parties involved. The next steps in Schofield’s criminal trial are pending, with her first hearing originally scheduled for December 30, 2024, now rescheduled for February 2025.
Source: NewsWatch 12
