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Date: 06-22-2020
Case Style:
Case Number: 1:19-cr-10225-WGY
Judge: William G. Young
Court: United States District Court for the District of Massachusetts (Suffolk County)
Plaintiff's Attorney: United States District Attorney�s Office
Defendant's Attorney:
Description: Boston, MA - Criminal defense lawyer represented Defendant Brianna Duffy charged with tampering with a patients' morphine.
Brianna Duffy, 32, pleaded guilty to one count of tampering with a consumer product and one count of acquiring a controlled substance by fraud or deception.
On March 17 and 18, 2019, while working as a registered nurse at Hunt Nursing and Rehab in Danvers, Duffy tampered with morphine sulfate prescribed to an 89-year old hospice patient. In an attempt to avoid detection, she replaced the extracted medication with another liquid, diluting the morphine to just 26% of the prescribed concentration. The hospice patient received the diluted morphine and suffered unnecessary pain.
From December 2016 until July 2017, while working as a registered nurse at Maplewood Care and Rehabilitation Center in Amesbury, Duffy diverted morphine from two bottles that were prescribed to a 68-year old patient. Duffy removed morphine from the bottles and diluted the remaining morphine with another liquid, leaving only 1.2%-2.5% of the declared concentration of morphine. Duffy tested positive for morphine on July 18, 2017.
The charges provide for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General, Office on Investigations; and Commissioner Monica Bharel, MD, MPH, of the Massachusetts Department of Public Health made the announcement today. Assistant U.S. Attorneys Elysa Wan and Patrick Callahn of Lelling�s Health Care Fraud Unit are prosecuting the case.
18:1365(a)(4)- TAMPERING WITH A CONSUMER PRODUCT
(1)
21:843(a)(3)- ACQUIRING A CONTROLLED SUBSTANCE BY FRAUD, DECEPTION, AND SUBTERFUGE
(2)
Outcome: 06/15/2020 48 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Rule 11 Hearing as to Brianna M. Duffy held on 6/15/2020 by video. Plea agreement filed. The Court inquires of the defendant's desire to plead guilty. Defendant is sworn. The Court conducts colloquy and finds it is in the interest of justice to proceed by video, to which the defendant agrees. The government announces top of applicable guideline without regard to reduction for guilty plea and guideline range with discount. After hearing the facts of the case, the Court finds the defendant knowingly, intelligently and voluntarily exercises her right to change her plea. Plea entered by Brianna M. Duffy (1) Guilty Count 1,2. Sentencing set for Monday, September 14, 2020 at 2:00 PM. Defendant released on conditions previously set. Procedural order re sentencing to issue. (Attorneys present: Ausa Wan and Callahan for the government, Attorney Gleason for the defendant. )Court Reporter Name and Contact or digital recording information: Richard Romanow at bulldog@richromanow.com. (Gaudet, Jennifer) (Entered: 06/15/2020)
06/15/2020 49 PLEA AGREEMENT as to Brianna M. Duffy. (Gaudet, Jennifer) (Additional attachment(s) added on 6/18/2020: # 1 government signature page) (Gaudet, Jennifer). (Entered: 06/18/2020)
Plaintiff's Experts:
Defendant's Experts:
Comments: