MEDFORD, Ore. -- A Medford drug diversion case tonight is concluding for Medford police after seven months of investigation, 44 victims and one arrest.
36-year-old former Asante Rogue Regional Medical Center (Asante) registered nurse Dani Marie Schofield is in the Jackson County Jail tonight with 44 assault charges and $4,000,000 bail.
Medford Police Department says it arrested Schofield this afternoon near Shady Cove as the sole criminal suspect in a year-long drug diversion span at Asante's Medford hospital from July 2022 to July 2023, when she left her Asante employment.
"Our thoughts are with the victims, their families and all those who have been impacted by this investigation," said Medford Police Department chief Justin Ivens. "My hope is today's arrest brings just a little bit of closure in what they have suffered and gone through."
His comments came during an announcement by Medford Police Department (MPD) and the Jackson County District Attorney's Office (JCDA) about the drug diversion case moving from a police investigation to a criminal case in court. NewsWatch 12 broadcast that breaking news "live" today.
Schofield's 44 assault charges come from a Jackson County Grand Jury indictment yesterday that accuses her of diverting Asante patients' liquid fentanyl pain medicine to her personal usage, replacing it with tap water that caused serious infections.
MPD and JCDA say though 16 of those 44 patients died, investigators could not prove conclusively they died from the infections in question, leaving 44 Measure 11 felony assault charges.
"Each of these incidents, along with pathology reports, medical reports, have been reviewed by medical experts and medical examiners," said Chief Ivens. "It was agreed upon that the infections these patients suffered from could not be determined to be the cause of death."
"Each of those charges are Measure 11 charges," said Jackson County Senior Deputy District Attorney Patrick Green. "So, with 44 Measure 11 charges, each carrying a mandatory minimum sentence of 70 months in prison, I think that's why you see that bail amount."
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MPD says its Asante drug diversion case started when the hospital itself reported it, with police finding Schofield had access to all 44 drug diversion victims during their illnesses from July 2022 to July 2023, when she left Asante.JCDA says it could be the office's most complex case, ever.
David deVilleneuve is president of Medford law firm, Shlesinger & deVilleneuve.He says his firm is doing its own investigation, hiring nurses and investigative staff.deVillenueve says his firm has cases it's preparing, with seven or eight involving deaths and 10-15 cases of injured survivors.
deVilleneuve thinks there are more Asante drug diversion victims than MPD has included, "I have investigated about 50 to 60 cases, and I'm finding there are some potential victims that are not on the criminal list that was presented today."
deVillenueve went to MPD's announcement today at Police Headquarters. He notes that police have access to Asante staff as a normal matter of police investigation, and he'd like access to the investigation findings for civil case clients he represents as Asante drug diversion victims. He says though MPD says Asante was "a good community partner" in the investigation, it has not been as cooperative with his law firm.
NewsWatch 12 went to Schofield's east Medford home to get her side of this matter in February, wanting her perspective about the investigation at Asante, which is about one mile from her house.
Oregon State Board of Nursing accepted Schofield's "Voluntary Agreement to Refrain from Practice or to Suspend License Pending Completion of an Investigation." Schofield's Oregon registered nursing license was listed to expire April 8, 2024.
Chief Ivens says today's arrest completes MPD's criminal investigation of the case.
Central Point-based Idiart Law Firm sued Asante and Schofield in late February in a civil case claiming Schofield diverted pain medication from Asante patient Horace Wilson of Jacksonville in early 2022, replacing it with tap water that caused a deadly infection; he died within 30 days of his hospital admission for a fall.
Schofield responded to the claim in writing last week through her legal counsel Hart Wagner LLP of Portland. She generally denies claims in the civil lawsuit against her, either deferring to Asante or declining the claims except to confirm that she worked for Asante, that Wilson was a patient, and she might have cared for him. Schofield also, "admits that she voluntarily agreed to refrain from practice or to suspend her nursing license pending completion of an investigation."
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Otherwise, they wrote: "Except as expressly admitted herein, defendant denies each and every allegation contained in plaintiff’s Complaint and the whole thereof. . . At this time, however, and by way of further answer, Defendant Schofield asserts the following affirmative defenses:
- Plaintiff fails to state a claim upon which relief can be granted.
- Defendant Schofield did not cause some or all of Plaintiff’s claimed damages.
- Plaintiff’s noneconomic damages for wrongful death are limited by ORS 31.710 to $500,000.
- Plaintiff’s alleged injuries or damages may have been caused and/or contributed to by the actions of third party persons or agents of non-parties, negligent or otherwise, over whom Defendant had no control and for whose conduct she is not liable."
Schofield should have her arraignment on 44 felony criminal assault charges Friday, June 14, 2024.
The NewsWatch 12 Special Report "live" coverage of today's MPD announcement of its drug diversion investigation conclusion and Schofield's arrest is included in this article.
Jerry Howard is the director of community outreach at NewsWatch 12. You can reach Jerry at jerryhoward@kdrv.com.
