Assistant U.S. Attorney Joshua A. Violanti, who is handling
the case, stated that according to the complaint, the defendant, a former nurse
at Roswell Park Comprehensive Cancer Center, used her position as a nurse to
tamper with and steal vials of medication and pills, such as hydromorphone
(Dilaudid), methadone, and oxycodone, all Schedule II controlled substances,
and lorazepam, a Schedule IV controlled substance. Mulvey took the vials of
medication from the Pyxis machine, an automated medication dispensing system.
As a nurse, the defendant had access to the Pyxis system.
Mulvey was placed on administrative leave on June 28, 2018,
after a large number of transactions associated with the defendant in the Pyxis
system were identified as “cancelled removed,” indicating that the Pyxis
machine drawer for the selected medication was accessed but the transactions
were cancelled. The complaint states that Roswell Park inferred that Mulvey had
removed and replaced controlled substances with water from the Pyxis machines.
Many of these transactions took place on floors and/or wings where the
defendant was not assigned and did not have patients. Mulvey accessed the Pyxis
machines during her scheduled shifts, on days she was not scheduled to work, and
on three dates of scheduled vacation. Between February and June 2018, the
defendant is accused of failing to properly administer medication for 81
patients.
In June and July 2018, there was a span of waterborne
infections at Roswell Park. The complaint states that six patients allegedly became
infected as a result of the defendant replacing medications with contaminated
water.
The defendant resigned her position in Lieu of Termination
on July 13, 2018.
“Once again, this case illustrates the destructive power of
opioid addiction,” noted U.S. Attorney Kennedy. “In this case, however, the
harm caused by defendant’s actions resulted not only in harm to herself but in
harm to some of the most compromised and vulnerable individuals in our
community—those members of our community receiving cancer treatments. If we
fail to take action to protect the most vulnerable among us, then we fail as a
government.”
“This is not the first time we have investigated and charged
a healthcare professional who suffers from addiction,” said FBI Buffalo
Special-Agent-in-Charge Gary Loeffert. “Accessibility to these highly
sought-after drugs makes it easier for medical professionals to feed their
addiction. Ms. Mulvey's actions not only put her own health at risk, but also
the wellbeing of dozens of patients.”
The defendant made an initial appearance this afternoon
before U.S. Magistrate Judge Jeremiah J. McCarthy.
The complaint is the culmination of an investigation by the
Food and Drug Administration, Office of Criminal Investigations, under the
direction of Special Agent in Charge Jeffrey Ebersole; the Federal Bureau of
Investigation, under the direction of Special Agent-in-Charge Gary Loeffert;
the New York State Department of Education, Office of Professional Discipline;
and the New York State Attorney General’s Office, under the direction of
Attorney General Letitia James.
