Dozens of women who say they suffered excruciating pain at a Yale University fertility clinic because a nurse stole fentanyl for her own use and replaced it with saline have settled their lawsuits against the Ivy League school.
Patients and their lawyers announced the settlements Monday in New Haven. Details of the agreements were not released, but lawyers said they included significant financial settlements.
The women say they underwent painful and invasive procedures for in vitro fertilization and were supposed to receive fentanyl at the Yale University Reproductive Endocrinology and Infertility clinic in Orange, Connecticut.
Unbeknownst to them, they received saline instead of fentanyl, and when they told staff of their extreme pain during and after the procedures, their concerns were dismissed, according to lawsuits filed by the women and their spouses. They said Yale officials failed to safeguard supplies of the painkiller.
“I, and so many others, never should have been put in a position to beg for medication. I unnecessarily suffered through the physical and emotional pain because of my desperation to have a family,” one of the plaintiffs, Lauren Rosenberg, said in a statement.
Yale said in a statement that the agreement "allows both parties to move forward and begin healing," adding that it has instituted new safeguards since discovering the nurse's actions, including more training and supervision.
Seven women initially sued Yale in 2021. Dozens more patients later came forward and filed lawsuits, bringing the total number of plaintiffs to more than 150, including nearly 100 patients.
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In May 2021, nurse Donna Monticone, who no longer works for the clinic, was sentenced to four weekends in prison, three months of home confinement and three years of supervised release. She pleaded guilty to one count of tampering with a consumer product.
Prosecutors said 75% of the fentanyl given to patients at the clinic from June to October 2020 was adulterated by saline. They said Monticone replaced the fentanyl with saline to feed her addiction to the opioid. She apologized to the affected patients during her sentencing hearing.
The lawsuits accused Yale officials of failing to follow mandated pharmacy protocols and allowing vials of fentanyl to be vulnerable to tampering. The suits also alleged Yale violated state and federal laws by keeping more than 175 vials of fentanyl in an unsupervised and unlocked area, and failed to implement safeguards including drug testing staff with access to opioids.
“This settlement acknowledges the pain and suffering endured, and provides a path towards healing and closure," attorney Kelly Fitzpatrick said.
The lawsuits included civil allegations of medical assault and battery and medical malpractice. It says hundreds of patients potentially were unknowingly treated with saline instead of fentanyl at the clinic.
“I voiced my pain, visibly crying and the doctor said I shouldn’t feel anything even though I felt everything," Soryorelis Henry, of Hamden, told NBC Connecticut.
Yale issued the following statement to NBC Connecticut:
"Since discovering the diversion of fentanyl by nurse Monticone in 2020 and the completion of the DOJ’s investigation, Yale Medicine has instituted many new measures to ensure we have the most rigorous processes, procedures and safeguards in place. These measures include additional staff training and supervision, enhanced management systems and clinical protocols, and the naming of a new physician leader for the program. We will continue to do everything we can to ensure our patients and staff feel heard and that we have the strongest protections in place for them.
The patients who visit the REI clinic choose Yale Medicine because of our history of providing high-quality, compassionate, and individualized care. Patients come to us hoping to achieve this deeply important life milestone because we are a program leader with recognized reproductive specialists and outstanding outcomes. This mutual agreement allows both parties to move forward and begin healing."
