Nurse accused of manslaughter in patient's death

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Nurse accused of manslaughter in patient's death

1/3/02

By JOSHUA MOLINA

SANTA BARBARA NEWS-PRESS STAFF WRITER

A nurse at Cottage Hospital was arrested Wednesday night in connection with a botched medical procedure that resulted in the death of an 81-year-old Ventura man.

Kevin Alan Rowland, 38, was booked on suspicion of involuntary manslaughter stemming from the death of Kenneth Mattern, authorities said. At the time of his arrest, the nurse was in custody at County Jail on suspicion of grand theft of prescription drugs from the hospital.

Mr. Mattern died on Christmas Eve, a day after his car was hit by a car driven by an 89-year-old man on Highway 101 near Haskell's Beach in Goleta. Mr. Mattern, who was heading to Pleasanton to spend Christmas with friends, was taken to Cottage Hospital, where he was treated for a broken left hand and chest trauma, according to a report from the California Highway Patrol.

During treatment, Mr. Mattern was supposed to be given a liquid vitamin and mineral supplement by mouth, said Lt. Nick Katzenstein, spokesman for the Santa Barbara Police Department.

Instead, while under Mr. Rowland's care, the medication was administered through a feeding tube inserted into one of Mr. Mattern's veins, according to the police department.

An autopsy later revealed that Mr. Mattern died from an embolism in his lungs, not as a result of injuries suffered in the collision, said Lt. Katzenstein.

Officials at Cottage determined that the death may have been caused by an error and alerted the coroner's office, who turned the investigation over to the Police Department.

Friend and neighbor Barbara Wise described Mr. Mattern as a nice, healthy man who swam 45 minutes a day at the mobile home park where he lived.

She remembered how he would sometimes call at 6 p.m. and tell her not to eat dessert because he was going to bring something over. Or, sometimes in the summer, he would bring watermelon over to share with her.

"He was a very giving, intelligent man," she said.

As part of the police investigation into the death, authorities learned that Cottage Hospital was already conducting an internal investigation of Mr. Rowland stemming from the disappearance of some narcotics that were under his control, Lt. Katzenstein said.

Authorities arrested the nurse at Santa Barbara Municipal Airport on Dec. 28 as he was preparing to board a flight to his permanent home in Platte City, Mo., Lt. Katzenstein said.

"We believe that he was using (the drugs) for his personal use," Lt. Katzenstein said. "We don't have evidence that he was under the influence of the drugs at the time he administered these drugs to the victim."

Lt. Katzenstein said that Mr. Rowland may have been fired from Cottage Hospital prior to his arrest at the airport.

Hospital officials did not comment on the suspect's work status, but Ron Werft, Cottage Health System president and CEO, said Wednesday the hospital is cooperating with the police in the investigation.

"We at Cottage are all terribly devastated by this incident," he said. "We have and we continue to express our deepest sorrow to the family and loved ones of Mr. Mattern."

Mr. Rowland was employed by Fastaff, a traveling nurse agency in Denver and worked at Cottage since October. Traveling nurse agencies contract with hospitals to provide nursing staff on a temporary basis. Traveling nurses typically work for a few months at one hospital and then move on to another assignment.

Cottage, like many hospitals in California, relies on traveling nurses to help cope with the statewide nursing shortage.

http://news.newspress.com/topsports/0103rowland.htm

fiestynurse,

Thanks for the follow up. Please keep us informed as you find out more. There is one thing I am really unclear of. Just how do you start an IV and then hook up a non IV tube to it? Can you fill us or me in on that since you have seen them?

Nurse was linked to drug theft in Missouri

1/5/02

By JOSE LUIS JIMƒNEZ

SANTA BARBARA NEWS-PRESS STAFF WRITER

In October 2000, nurse Kevin Alan Rowland was accused by his employer in Missouri of stealing the powerful pain relievers morphine and Demerol.

Despite an ongoing investigation, he was issued a temporary license to work in California one year later. Now the registered nurse is accused of causing the death of a patient at Santa Barbara Cottage Hospital, where he also allegedly stole Demerol.

Mr. Rowland is suspected of accidentally killing Kenneth Mattern by inserting a tube in his arm to deliver liquid vitamins and minerals that were intended to be administered by mouth. The 81-year-old from Ventura died on Christmas Eve from an embolism in his lung, according to the coroner's office.

Blood taken from the nurse within 36 hours of Mr. Mattern's death is being tested to determine if Mr. Rowland was under the influence of the addictive medication at the time of the deadly mistake, said Deputy District Attorney Hilary Dozer.

In the meantime, the prosecutor has charged the 39-year-old from Missouri with grand theft and involuntary manslaughter.

The revelation about the Missouri investigation was contained in paperwork filed by the state Attorney General's office during a brief hearing in Santa Barbara County Superior Court on Friday. Deputy Attorney General Shawn Cook obtained a court order barring Mr. Rowland from working as a nurse if he is released on bail. As evidence, he cited a letter from Missouri regulators alerting their California counterparts of the allegations.

But the information apparently never made it to Cottage Hospital officials, who hired Mr. Rowland in October 2001. They said they never would have allowed the nurse to work at their facility.

"We are dismayed that he apparently had previous allegations that were not made known to us," said hospital spokesman Jerry Horn, who said he learned of the information Friday. "Our major feeling is sorrow and loss to Mr. Mattern's family and friends."

A spokesperson for the California Board of Registered Nursing explained that Mr. Rowland presented a Missouri license with a clean disciplinary record when he was issued the temporary permit to work in California. Afterward, the board received the letter detailing the theft allegations from the unidentified employer. But Missouri investigators had not reached a conclusion about possible discipline more than a year after the complaint was filed. That left California regulators powerless to revoke the license upon learning the information.

"That was not enough evidence for us to deny his license," said spokesperson Susan Brank, who noted that the Midwestern state had not completed the investigation. "We would not be able to take any action until the case was proven in Missouri."

Officials at the Missouri Division of Professional Registration did not return a phone call Friday seeking comment.

Fastaff, the Colorado company that employed the nurse, referred all questions to company attorney Richard Green, who did not return a phone call Friday. Mr. Rowland worked at Cottage as a traveling nurse, a temporary employee used to alleviate staff shortages.

After the hearing, Mr. Dozer said he charged the nurse with involuntary manslaughter for what he didn't do: alert his colleagues upon realizing his mistake. The prosecutor argued that Mr. Rowland's failure to help was an act of gross negligence, the level of proof needed to convict someone of manslaughter. If found guilty, the nurse faces a maximum penalty of about five years in prison.

"By failing to do something to remedy that negligent act, it became a grossly negligent procedure," said Mr. Dozer. "It's that omission to act that caused the charge."

Authorities were still trying to determine how much Demerol was taken, for how long and if other drugs were taken. They are troubled by what they have found so far. Between Dec. 19 and Dec. 24, Mr. Rowland allegedly stole 43 doses of Demerol at 75 milligrams each.

The recommended dose for an adult is between 50 to 150 milligrams every 3 to 4 hours. It is administered carefully because of the painkiller's highly addictive nature.

"That's a lot of Demerol," said Mr. Dozer.

Mr. Rowland is expected to plead to the charges next week. He remains held at the County Jail in lieu of $130,000 bail. The Public Defender's Office declined to comment on the case.

Listmates,

This thread has taken a few "twists and turns" along the way.

I am sure we have all reacted with the same sense of horror to the alleged facts surrounding this very tragic incident.

The very worst thing that could ever happen to any of us as Nurses, has happened to a "Nurse Rowland."

Once again the bottom line of licensure - the safety of the public - is made loud and clear!

The subject of "impaired health professionals", be it Nurses or Doctors, Physician's Assistants or Anesthesiologists, or whoever is licensed to work in this field.........is a subject we avoid like the plague! We "sidestep" this issue. We work hard to keep it "in the closet". We don't want to align ourselves with "those low-life Nurses" who are "no good junkies" and have "no business working alongside the rest of us."

The disease of addiction, left untreated, is a killer in more ways than one.........as borne out by Nurse Rowland's current situation. Addiction is no respector of persons, as we all know.

We can debate ad infinitum as to how Nurse Rowland "slipped through the cracks" on this one, and we may never know the answers, but all I have to say is there are many many "Nurse Rowlands" working with us, day in and day out, who need intervention, and are being ignored for one reason or another.

Indeed this is a terrible thing, for the family of the victim, the hospital, the agency, the state boards will have consequesnces, and yes the nurse who has to live with what he has done...

This nurse will now have to indure "cold turkey" in the jail where he is held (instead of getting the help and counseling that he really needs)... The jail and prisons I worked in (mind you it may be differnt elsewhere) will only subscribe to an ETOH detox. episode.

We all suffer when something like this happens... perhaps it is a case of darkest before the dawn.. perhaps this will wake up those in power to the real need for follow through and intervention at the first step... before it involves patient care and patient consequences....

B.:confused:

:confused:

Yes, this Nurse will face consequences, and rightfully so, if in fact found guilty of the charges now being made against him.

As we write about all of this. he is behind bars, without benefit of medical intervention (because the law enforcement sector is barely coming to an understanding of the disease of addiction.....other than how to "spot" it, recognize the "red flags" of impairment and so on.....and how many "drunks" are thrown into jail, left to "sleep it off", when in fact many of them are in grave danger of seizures and death from a lifetime of hardcore use. And society says: "So be it, they get what they deserve!"

In some respects, for Nurse Howard, if he is an addict - and facts being uncovered seem to point in that direction - perhaps this is the sorrowful "wakeup" call for him at an enormous cost, i.e., someone else's life. Along the same line, if it is determined that he is the one who stole the Demerol, and it was taken for other than "personal use".....i.e., selling.....he will never be able to be licensed again. Boards of Nursing in every state as far as I know, have Rehab/Diversion Programs for Nurses who are impaired either from an addiction, or a mental illness, and assist them in recovering so that they can return to practise. However, these are voluntary programs and any Nurse who is caught diverting drugs on the job, for the purpose of sales, is excluded from even applying.

Nurse Howard now needs far more than lawyers for what he is about to confront with this horrific "wake up" call.

So true and most are not getting the help they need. But in NY state, they do get that help now. Nurses here took one of our state association services which helped our members in situations like Rowland and this year succeeded in having it passed into state law - available for all nurses in the state. Its called SPAN (Statewide Peer Assistance for Nurses). I feel sorry for that guy - all alone facing loss of his license & livelihood & jail. Its not right to find a nurse with a dangerous problem and just cut him loose to his own devices while the state "investigates". Instead of just letting the employer fire & report him, & let him go on his merry way down the spiral, if Missouri was obligated to offer him the opportunity to seek help when it first noticed his problem, this tragedy might not have happened.

The New York State Nurses Association established SPAN as a resource for registered nurses coping with chemical dependency problems in New York State. SPAN assists nurses, by state law now, who are affected by alcoholism and/or addiction to other drugs, and it is also preparing to assist nurses with certain mental health problems. Assistance is provided in the areas of prevention, education and identification. The possible legal implications of the nurse in treatment, and special re-entry into practice considerations are incorporated into the counseling assistance provided to the nurse along with the patient/client-as-a-nurse issues, special issues related to license status and the functional nursing role, as well as the clinical issues. Nurses are urged to obtain legal counsel and SPAN educates them as to the legal ramifications of their situation. It addresses possible licensure consequences as part of their psychosocial assessment and helps the nurse connect with appropriate resources for assistance with licensure issues, while providing clinical support to the nurse.

SPAN assists any nurse who has been identified, or suspected, of being an abuser of alcohol or other drugs; been reassigned to another position because of substance abuse problems; been terminated from a position because of problems associated with alcoholism or substance abuse or left a position while under suspicion of addictive illness.

SPAN assists addicted nurses with the regulatory agencies that will be involved in their case and with enrolling in and understanding the Professional Assistance Program (PAP).

PAP is a resource for licensed professionals who "may be temporarily incapacitated for the active practice of a profession". This program makes it possible for licensed professionals who have not yet caused patient harm, to seek treatment without being subject to professional discipline charges. The RN license is voluntarily surrendered to PAP. This action is confidential and not reflected on the licensee's permanent record; license restoration occurs when the participant and treatment personnel deem that a return to practice is safe for the practitioner and the public and an application for restoration is approved by the PAP with recommendation from SPAN, a 12 step recovery program, and treatment personnel; the PAP provides structure and motivation to maintain abstinence. Employers may be more receptive to retain in the workplace nurses willing to participate in the PAP.

The SPAN program assists the addicted nurse with the physical addiction, the psychological effects and the legal consequences.

SPAN helps to support the return of nurses affected by addictive illness to safe, effective practice by providing nurse-specific support groups, education, direction to and linkages with additional resources, and provides ongoing advocate support to further assist the nurse in her recovery and in the maintenance of her recovery.

http://www.nysna.org/PROGRAMS/SPAN/HOME.HTM

Sadly, but fortunately for NY nurses, it is a growing service - one that is now required by state law and administrated by NYSNA.

Nightingale,

About that "poem" from the angry husband - it was a simple little thing attached to an email update I received from the striking nurses on Long Island. I dont know where on this board it is - I didnt give it a second thought. It was one of those things you read & file in the "circular bin" without another glance.

Ask W for the URL - Im sure he has it since he started a whole other thread about it but its really not that big a deal. Take it from where it comes - an upset husband watching his wife be abused by her employer.

Some thoughts

Whether Kevin is a scab or not has little to do with what has happened.

You are all quick to judge him without removing the logs from your own eyes.

Are you telling me that you have never made an error before ?

Let the nurse who is innocent cast the first stone.

Maybe Kevin has family or financial problems that effected his judgement ....

Kevin is likely to lose his licence and his livelihood.

Its very sad to see a colleague in hot water.

What kind of legal representation can he expect ? What sentence could he get if found guilty ?

Did he get a good handover from the preceding nurse. Or could he have had an incomplete handover and a judgemental look ?

Kevin needs your support not condemnation. I'd hate to have you as my colleagues - the real fault is the hospital for not paying you and bringing in scabs..... Kevin is only your scapegoat.

What prescription drugs is he accused of stealing ?

Could Kevin be wrongly accused ? Could his problems stem from feminism ?

Kevin and other nurses who are in problems. Put your trust in Jesus.

:eek: :eek: :eek: :eek:
Specializes in Trauma acute surgery, surgical ICU, PACU.
Originally posted by Larry

Kevin and other nurses who are in problems. Put your trust in Jesus.

OR in something else that will help too....

Maybe making excuses or coming up with explanations or condemming a total strager isn't so productive. How do we turn this around to benefit our own perspectives?

:rolleyes:

I've read all the posts on this thread and don't really get the impression that anyone is "condemning" this Nurse. I think because we are all human beings FIRST, (with our own set of moral, ethical, and religious values), then Moms, Dads, and Nurses next - we can't help but "react" accordingly.

What is true for all of us (as Nurses), is that we bring those values with us, along with our personal opinions, when we go about our daily business in our work settings.

What I have to say now is because I choose to - hoping it sheds some light, hoping it helps.

I am a "Nurse Howard." I never killed anyone, thank God. To my knowledge, I never hurt any patient at any time. But what I DO know is that the potential for that was very real. I also put my peers and colleagues in an extremely uncomfortable and compromising situation for moral and ethical reasons.

Seven years ago I was that Nurse who was addicted to alcohol and drugs. I was that Nurse who diverted narcotics from her work setting for her own use. I was that Nurse who all of you looked at and said amongst yourselves: "My God, does no one see what she is doing here? How can she get away with that? What if she harms a patient, or kills someone? They need to fire her at best! She's casting dispersion on all of us here!!"

And all of your worst fears were well founded.

Most fortunately for me, I worked in a hospital at the time that is on the forefront of understanding substance abuse and the disease of addiction for what it truly is: left untreated.....a killer disease......just like any other killer disease that is left untreated. Because my employer understood this, they intervened - but it took three years for that to happen!!! Toward the end, I was suicidal, and every fiber of my being was screaming out for someone to help me, because I could not help myself. I lived to "use", and "used" to live - which is the final stage of addiction.

For those of you who think that an impaired Nurse is "capable" of reaching out for help for himself or herself, you are trapped in a delusion.

The fact that I am writing this message on this Bulletin Board today, and am alive at all and still practising my profession is because my employer took the risk of intervening and seeing to it that I got the help I needed. They pointed me in the RIGHT direction. From my perspective, I am a walking "miracle". But I can only say that because my employer saw me as a human being in desperate need of intense help, immediately.

They did NOT call the police. They did NOT have me arrested on the job. They did NOT call the local news media and make "an example" of me. They did NOT treat me like a criminal, even though I was "stealing" drugs from patients and my employer.

What they knew and understood was that my disease of addiction had nothing to do with "will power." They knew and understood that I was bound up within the tentacles of a killer that without outside help would bring a disastrous outcome.

My employer did not view me as some "low-life, weak-willed junkie", who needed to be thrown out the door, into the darkness of a back alley to die of an overdose.

The truth is, I was one of their most admired Nurses, one of their best Nurses, and had only months before been selected as the "Nurse of the Month" at a hospital where there are over 3,000 employees!

I would like to share what it has been like since the day of that intervention, and over the past seven years, but time and space are limited on a bulletin board of this type. But if any of you are interested in what my Recovery has been, and continues to be like, please e-mail me privately.

So in conclusion, I guess what I feel needs to be said here is this: whether we admit it or not, we as Nurses know very little about this subject of addiction, unless we are working in that discipline, or are recovering Nurses to begin with. We need a whole lot of education. We already have the compassion and caring it takes. We should not judge ourselves too harshly for seeming "uncaring" when it comes to a peer or colleague who is impaired (on the job or off the job). It is a frightening, and upsetting thing to work alongside a fellow Nurse (or even Dr.) who is suffering in this way.

And our employers have a responsibility as well. There continues to be a great deal of stigma and discrimination where substance abuse is concerned - at every level of society - and I have felt that along the way.

I am not "cured" - there is no such thing, where the disease of addiction is concerned. Because of the Recovery Program I have in place for me, and practice every single day of my life, I keep my disease of addiction in REMISSION. If I fail to tend to all of those things I DO today to keep me clean and sober, I will fall immediately back into the clutches of this killer disease. And no one understands that more clearly than I. My freedom to choose has been restored. So, one day at a time, I CHOOSE to NOT drink, and NOT use addictive substances. I am far enough down the road of recovery where the obsession to do so no longer is an "issue." However, this is a cunning, baffling, and powerful disease, and is always "waiting in the wings", doing pushups, and ready to "pounce", if I fail to take care of business.

And yes, I had to "want" to get well. That's a tiny little word, but if the "want to" is not accessible, there will never be recovery for someone suffering with addiction. And also - recovery fails bigtime, if the addict is doing it for anyone but himself or herself. People who "clean up" for the court system, a parent, a wife, a husband, a child, a friend, a lover, a pet, an employer, a Board of Nursing, and on and on - will ultimately relapse and fail.

Thank you for letting me share. I hope this sheds some new and helpful light on this subject.

I do know this. Nurse Howard is paying a price that none of us can afford.

Bonnie C.

for sharing....

There but by the grace of God so go I....

It is so important that we have a forum to discuss these matters. Yes, some of us can and do become a bit opinionated (thank God) but this is a safe environment to share our expereinces, grow, learn, and move forward...

Nurse Howards' situation is complex; we are not privy to all the facts but can surmise and discuss what we see or think we see. This is important in helping us organize, or at least it is for me.

Well, I can not say that "if only a person were to do this or that" they would be cured. What I can say is I will learn from his unfortunate experience to be more sensitive to the needs of my peers and maintaining patient safety.

Not one of us.. can think as well as... ALL of us.. Thank you comrades for being there and helping me think it through and helping me to grow...

I am very sad for Nurse Howard. I have this image of how he must be in such despair and those thoughts are painful. He is one of our own and we are not able to reach out to him with the normal interventions that is afforded most of us if we need it.

There but by the grace of God.. so go I...

B.

Specializes in surgical, neuro, education.

I have to agree with Bonnie. While we do not know all the details of this case (and the news media is only going to focus on the issues as they see them), the situation of substance abuse is treated so poorly in our society. I truly believe that it is a disease.

If there were allegations from a previous employer, then part of the responsibility should fall on their shoulders. If the agencies do not want to get involved and they know there is a problem, then they are placing patient lives at risk as much as the person who is impaired.

I am from New York State and am going to follow the new law for the Statewide Peer Assistance for Nurses. I believe this goes into effect this month. If it is successful I hope all nurses will support it for their states. We need to support each other as much as we can. No one else will.

I am still confused as to how this medication was delivered in such a fashion, but do not want to see this become a "nurses kill patients" issue.

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