Plaintiff Requests Jackson County Circuit Court Judge to Recuse Himself from the Asante Fentanyl Diversion Hearing

MEDFORD, Ore. — In a civil action against Asante Rogue Regional Medical Center (RRMC), the plaintiff has once again asked Jackson County Circuit Court Judge Benjamin Bloom to recuse himself from the hearing because he has acted as legal counsel for the hospital.

deVilleneuve of Shlesinger & deVilleneuve law firm, this week again filed for Judge Bloom’s recusal after a recusal motion was denied by Bloom two weeks ago.

Plaintiff Concerned About Receiving an Impartial Trial

The motion for the recusal was made on behalf of plaintiff Lucien Allen, who is concerned about receiving an impartial trial by a judge who previously represented Asante.

Judge Bloom will hear the motion for his recusal from the case at a hearing in the Jackson County Circuit Court later this month, on January 17.

21 Plaintiffs are Seeking $348 Million

The law firm is representing 21 plaintiffs seeking $348 million in compensation for the fentanyl drug diversion furor at the RRMC in 2022 and 2023.

Medford Police Department (MPD) identified 44 intensive care unit patients – 16 died – who suffered from infections after nurse Dani Schofield (36) allegedly diverted liquid fentanyl pain medication, replacing the IV liquid with tap water.

On June 13, 2024, a Jackson County Grand Jury indicted Schofield on 44 felony assault charges following an MPD investigation. Medical experts could not prove that the 16 people died because of the drug diversion.

Schofield subsequently spent a week in the Jackson County Jail before she was released on $4 million bail. The 44 Oregon Measure 11 charges each carry a mandatory minimum sentence of five years and 10 months’ imprisonment.

While Schofield’s civil case has been delayed pending the outcome of a criminal case against her, deVilleneuve has asked the court to proceed with his civil case which is one of five filings this week by his law firm. Schofield is not listed as a defendant.

deVilleneuve also opposed a motion filed by Asante this week supporting a delay in the civil case against nurse Schofield, pending the outcome of her criminal case. Last month, following Asante’s request to include Schofield as a defendant, Schofield’s attorney submitted a motion to postpone deVilleneuve’s case.

This week, deVilleneuve filed court requesting that his case on behalf of his clients be allowed to proceed. His request was made on the day Schofield was supposed to appear in court for the start of her criminal hearing. Her lawyers obtained a postponement to February.