While not admitting guilt, Palomar Health in North County has agreed to a $250,000 settlement after disclosing to the U.S. Drug Enforcement Agency that fentanyl, the powerful opioid often used to control surgical pain, was diverted from automatic-dispensing equipment at its cardiac catheterization lab in Escondido.
Asked to comment on the settlement, which the U.S. Department of Justice announced Tuesday, Palomar did not respond.
According to the DOJ, a federal investigation “concluded that over a five-month period, numerous vials of fentanyl were diverted from Pyxis machines — automated medication dispensing machines often used in hospital settings.”
The settlement agreement, obtained by The San Diego Union-Tribune, further indicates that the diversion occurred from Oct. 1, 2020, through March 22, 2021. The drug was, according to the DOJ, removed from Pyxis machines and “improperly” documented as waste.
In addition to agreeing to pay the settlement amount, Palomar also entered into a memorandum of agreement with the DEA that requires it, according to the DOJ announcement, “to undertake additional measures to increase security, implement specialized training, and to handle controlled substances properly and safely.”
Fentanyl, said to be 20 to 40 times more potent than heroin and 100 times more potent than morphine, is a common and often deadly adulterant of many street drugs.
The settlement does not disclose who diverted the medications or get into specifics on why the drug theft continued for months without detection. But praise was given for Palomar’s willingness to fess up to the incident.
“We commend self-reporting by those responsible for managing controlled substances and encourage others to notify law enforcement early to prevent needless harm,” said U.S. Attorney Tara McGrath in a statement.
Though the settlement does not admit guilt, the agreement is careful to note that it reserves and does not release its ability to make a range of claims in the future, including those that pertain to criminal liability and “any liability of individuals.”
