WVU Health failed to address painkiller thefts for years as opioids devastated WV

In 2022, the Drug Enforcement Administration launched an investigation. Federal officials found systemwide theft and lax record keeping, and said the state’s biggest hospital system failed to stop nurses and other staff from stealing controlled substances. 

WVU Health Systems and the U.S. Attorney for the Northern District of West Virginia entered into a $4.1 million settlement this week, which mandates the hospital system adopt procedures to prevent thefts, and to report when they happen.

A timeline of events

Details of the settlement show that as early as January 2017, the hospital system failed to report a suspicious order for Dilaudid, a powerful synthetic opiate the Mayo Clinic said is used as a last resort.ÌýÌý

As early as 2018, hospital officials recognized there was a problem in the Morgantown area. That same year in February, a patient complained she did not receive her Percocet, a mild painkiller, according to the settlement. Records show the suspected thief, a medical provider, was seen nodding off at the nurse’s station. 

In 2019, West Virginia University Hospital hired an outside expert to review procedures and issue a report.

“The report identified multiple, potential controlled substance diversion issues, such as not securely storing controlled substances,� the settlement noted. “Leadership at WVUH was aware of recommendations to prevent diversion of controlled substances, not all of which were implemented across the WVUHS facilities.�

During the first quarter of 2021, at least two medical providers admitted to stealing painkillers. 

Federal officials found the hospital system did not report these thefts to the DEA. 

The DEA launched its investigation into the issue in May 2022, after receiving reports that a nurse had stolen drugs, according to the settlement. 

“During the course of the investigation, DEA investigators learned that various WVUHS facilities, at various times, systemwide, were aware of employees suspected of diverting controlled substances from WVUHS facilities and patients,� the settlement states. 

Reaction

Despite the incidents listed out over the years, and the systemic failures to prevent the theft of drugs detailed by the DEA, a hospital spokesperson in a statement downplayed the case as mainly a paperwork problem. 

“Importantly, this matter concerned regulatory compliance, recordkeeping, and documentation requirements. It did not involve findings that WVU Health System intentionally engaged in unlawful distribution of controlled substances or that patient care was compromised,� the spokesperson said. 

The U.S. Attorney’s Office for the Northern District of West Virginia, which took the lead in the settlement, through a spokesperson declined to comment on the settlement. 

As to where the drugs went, Kevin McWilliams, a DEA spokesman for the Louisville Field Office, which oversees West Virginia, said that the investigators concluded most were being abused by the medical providers who took them. 

He said paperwork issues at the hospital made it difficult to determine the quantity of drugs that had been stolen over the years. 

What's next

Moving forward, WVU Health Systems has agreed to implement a systemwide invoice tracker for controlled substances, a dedicated team to investigate the theft of drugs, a database of employees who have been suspected of stealing drugs and an education program on controlled substances. 

Additionally, WVU Health Systems will install more cameras and file any report of suspected theft to the DEA in a timely manner.