DENVER – U.S. Attorney Jason R. Dunn announced that former Parker Adventist Hospital Nurse Jessica Sharman, age 36, of Arapahoe County, was sentenced today by U.S. District Court Judge Christine M. Arguello to serve 44 months for stealing fentanyl meant for Intensive Care Unit (ICU) patients at Parker Adventist. Sharman appeared at the sentencing hearing free on bond. She was ordered to report to a Bureau of Prisons facility once one is designated. During the hearing, the court recognized the seriousness of the offense and the need for deterrence of other healthcare providers in accepting the government’s sentencing recommendation.
According to the stipulated facts contained in the plea agreement, Sharman worked as a nurse for various employers until she began working in the ICU at Parker Adventist Hospital in January 2018. Soon after she started work at Parker Adventist, the defendant used an automated narcotic medication dispensing device known as a Pyxis machine to gain access to the fentanyl. Only authorized users, which includes nurses, are allowed to use the machine.
On April 20, 2018, a routine audit report of access to and utilization of controlled substances from the Pyxis machine flagged Sharman’s access as “red” for high fentanyl use and waste (the disposal of excess fentanyl following physician-ordered patient administration) for the month of March 2018. The audit for the month of February 2018 flagged Sharman’s access as “yellow,” also for high fentanyl usage. A review of the Pyxis access records showed a high number of “remove-cancel” transactions, indicating that the defendant had accessed controlled substances from a Pyxis machine but then “cancelled” the transaction, returning the drug to the locked machine.
On April 25, 2018, after substantiating the tampering concerns flagged by the audit, Parker Adventist removed all fentanyl from the ICU. On April 26, 2018, Parker Adventist employees interviewed Sharman. Based in part on that interview, it was determined that the defendant was stealing fentanyl from the hospital. She allegedly withdrew the drug from fentanyl cassettes using a sterile syringe and saline flushes. She sometimes replaced the fentanyl she stole with saline, injecting the saline back into the fentanyl cassette and returning the cassette to the Pyxis machine. Following her interview, Sharman tested positive for the use of fentanyl. The hospital terminated Sharman’s employment on April 26, 2018.
“Medical professionals who have access to opioids like fentanyl are required to make sure that this powerful medication is provided to patients and is not abused,” said U.S. Attorney Jason Dunn. “In this case a nurse at a hospital stole fentanyl for her own use. And perhaps even worse, replaced it with saline, causing unwitting patients to go without necessary medication while believing their pain was being treated. That is a crime and she has paid the price.”
“Jessica Sharman’s actions were callous and selfish. She chose to steal fentanyl from vulnerable individuals entrusted in her care and use the drugs for herself,” said DEA Denver Division Special Agent in Charge Deanne Reuter. “Sharman’s blatant disregard for the health and welfare of those under her care is an example of the detrimental effects of opioid addiction and abuse.”
“FDA will continue to aggressively pursue those health care practitioners who prey on vulnerable patients by removing their needed medications, especially opioids,” said Charles L. Grinstead, Special Agent in Charge, FDA Office of Criminal Investigations, Kansas City Field Office. “We remain committed to working with our law enforcement partners to protect the public health and bring to justice those who compromise patients’ health in this manner.”
Sharman had previously pled guilty to Tampering with a consumer product. She was first charged by Information on May 29, 2019.
This case was investigated by the FDA OCI and the DEA. The defendant is being prosecuted by Assistant U.S. Attorney Anna Edgar.
DENVER – Jessica Sharman, age 35, of Arapahoe County, pled guilty yesterday before U.S. District Court Judge Christine M. Arguello to Tampering with a Consumer Product, specifically stealing fentanyl meant for patients from the Intensive Care Unit (ICU) at Parker Adventist Hospital in Douglas County, announced U.S. Attorney Jason Dunn, DEA Denver Division Special Agent in Charge William McDermott and Food and Drug Administration Office of Criminal Investigations (FDA OIG) Special Agent in Charge Charles Grinstead. Sharman appeared at the hearing free on bond. She is scheduled to be sentenced by Judge Arguello on September 24. Sharman was first charged by Information on May 29, 2019.
According to the stipulated facts contained in the plea agreement, Sharman worked as a nurse for various employers until she began working in the Intensive Care Unit at Parker Adventist Hospital in January 2018. Soon after she started work at Parker Adventist, the defendant used an automated narcotic medication dispensing device known as a Pyxis machine. It dispensed multiple narcotic drugs, including fentanyl. Only authorized users, including nurses, are allowed to use the machine. Access was obtained by using the authorized user’s fingerprint.
On April 20, 2018, a routine audit report of access to and utilization of controlled substances from the Pyxis machine flagged Sharman’s access as “red” for high fentanyl use and waste (the disposal of excess fentanyl following physician-ordered patient administration) for the month of March 2018. The audit for the month of February 2018 flagged Sharman’s access as “yellow,” also for high fentanyl usage. A review of the Pyxis access records showed a high number of “remove-cancel” transactions, indicating that the defendant had accessed controlled substances from a Pyxis machine but then “cancelled” the transaction, returning the drug to the locked machine.
On April 25, 2018, after substantiating the tampering concerns flagged by the audit, Parker Adventist removed all fentanyl from the ICU. On April 26, 2018, Parker Adventist employees interviewed Sharman. Based in part on that interview, it was determined that the defendant was stealing fentanyl from the hospital. She allegedly withdrew the drug from fentanyl cassettes using a sterile syringe and saline flushes. She sometimes replaced the fentanyl she stole with saline, injecting the saline back into the fentanyl cassette and returning the cassette to the Pyxis machine. Following her interview, Sharman tested positive for the use of fentanyl. The hospital terminated Sharman’s employment on April 26, 2018.
Tampering with a consumer product is a felony offense, punishable by up to ten years imprisonment.
This case was investigated by the FDA OCI and the DEA. The defendant is being prosecuted by Assistant U.S. Attorney Anna Edgar.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year