DENVER – Rocky Allen, age 28, of Denver, a now former surgical tech/technologist at Swedish Medical Center, has been indicted by a federal grand jury in Denver on charges of tampering with a consumer product and obtaining a controlled substance by deceit, U.S. Attorney John Walsh, Food and Drug Administration’s Office of Criminal Investigations’ Kansas City Field Office Special Agent in Charge Catherine Hermsen, and Drug Enforcement Administration (DEA) Special Agent in Charge Barbra Roach announced. Allen is in custody, and will appear at 2:00 p.m. this afternoon for an initial appearance before U.S. Magistrate Judge Kristen L. Mix in Denver where he will be advised of his rights and the charges pending against him.
According to the indictment, on January 22, 2016, Allen, with reckless disregard for the risk that another person will be placed in danger of bodily injury, and under circumstances manifesting extreme indifference to such risk, tampered and attempted to tamper with a consumer product, namely a syringe containing Fentanyl Citrate, by removing the syringe containing Fentanyl Citrate and replacing it with a similar syringe containing other substance. Further, Allen did knowingly and intentionally acquire and obtain a Fentanyl Citrate, a controlled substance, by deception and subterfuge.
As a result of Allen's action, Swedish Medical Center has asked approximately 3,000 patients who had surgery between August 17, 2015 and January 22, 2016 in the main operating rooms and in the orthopedic operating room on October 28, 2015 to be tested for HIV, Hepatitis B and Hepatitis C free of charge. Swedish Medical Center is following the recommendations for testing from the Health Department and the CDC based on the investigations' focus on an injectable medication.
Allen faces one count of tampering with a consumer product. If convicted on that count, he faces not more than 10 years in federal prison, and up to a $250,000 fine. He also faces one count of obtaining a controlled substance by deceit and subterfuge. If convicted on that count, he faces not more than 4 years in federal prison, and up to a $250,000 fine.
The criminal investigation into Allen’s conduct while working at Swedish Medical Center is ongoing. No additional information about the investigation or this case is available at this time.
This case was investigated by the FDA OCI and the DEA with substantial critical assistance from the Englewood Police Department. The defendant is being prosecuted by Assistant U.S. Attorneys Jaime Pena and Anna Edgar.
The charges contained in this indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.