Former nurse convicted of stealing morphine from patient at University of Michigan Medical Center
A former nurse who had nearly 20 years of experience - and a substance abuse problem - was convicted Friday of taking morphine from a dying patient at the University of Michigan Medical Center last year.
Esther Rebecca Najer, 48, was found guilty on three counts of larceny in a building by Washtenaw County Circuit Judge David Swartz at the end of a day-long trial. Swartz announced the verdict moments after closing arguments ended.
Prosecutors called 9 witnesses, including several members of LaKrisha Dobbins’ family. They testified they saw the nurse siphon morphine from Dobbins’ bedside IV on the day she died in September 2008.
Dobbins suffered from several debilitating conditions caused by spinal meningitis, which she contracted at 3 months old. She gradually went blind, was prone to seizures and couldn’t walk or talk on her own.
Shortly after her 26th birthday in August 2008, LaKrisha Dobbins contracted pneumonia and was hospitalized for about a week before her parents placed her on comfort care. The goal of the care is to keep terminal patients as comfortable as possible until they die naturally.
Najer, better known to colleagues as Becky, was not the attending nurse. But she entered Dobbins’ room four times throughout the day and used a syringe to take the drug, witnesses testified. Family members reported the incidents to hospital staff, and Najer was suspended after her supervisors determined that at least 22 cubic centimeters, deemed a significant amount, of the powerful narcotic meant for Dobbins were missing.
Reading from a thick binder, county Assistant Prosecutor Dianna Collins said Najer was admitted to St. Joseph Mercy Hospital in May 2008 and was diagnosed with a chemical dependency.
During her treatment there, Najer tested positive for opiates, acknowledged smoking marijuana at least twice a month, and said she frequently bought Tylenol with codeine from Canada, where it is available without a prescription. She said she took eight tablets daily for neck and back pain.
Esther Najer also went to other great lengths to feed her addiction, including taking painkillers prescribed to her mother and her own dog, Collins read.
“There’s really no explanation for what she did other than to feed her own addiction,” Collins said in her closing argument.
Christopher Title, Najer’s supervisor, testified that two days before she went to St. Joseph Mercy Hospital last year, he found her “out of sorts.” He said she thought she was at her home when she was sitting next to a patient in a private room. He said she appeared to be intoxicated and had difficulty walking with him to the emergency room for an evaluation.
Najer returned to work about 6 weeks later. Title testified he found no impropriety during a review of drugs administered to Najer’s patients in the previous six months. Yet the same day Dobbins died, a 100-cubic centimeter IV bag of morphine that was pulled for another patient under Najer’s care in the critical care unit went missing and was never found, he said.
Najer was fired about two weeks later.
Neither of Najer’s attorneys mentioned the substance abuse issues, nor did they to refute them. Instead, Debra Keehn and Robin Stephens argued the nurse’s supervisors miscalculated the morphine used for Dobbins.
“Nothing’s missing,” Keehn said during her opening statement. “There’s a math error, and errors in the records. You can’t have a larceny if nothing is missing.”
Their lone witness, veteran U-M nurse Kathleen O’Brien D’Andrea, testified she found a large discrepancy in the amount of morphine used for Dobbins between nurses’ reports and computerized records.
But Collins argued O’Brien D’Andrea didn’t account for “overfill,” a term noting excess fluid in the IV bag used to fill the line connected to the patient’s arm.
O’Brien D’Andrea acknowledged she was paid $7,000 for roughly 30 hours of work on the case.
Najer’s attorneys questioned several of her colleagues about the chaos of working in an environment with a high mortality rate, and how common it is to assist with each other’s assigned patients. They also established using a syringe was a common way of removing potentially dangerous air pockets from IV lines before they reach the patient.
But neither asserted that’s what Najer was doing in Dobbins’ room, and prosecutors showed there were no problems with Dobbins’ IV equipment that day.
Najer declined comment as she left the courtroom after the verdict.
Najer was scheduled for a jury trial last month, but it was postponed when she requested a trial before Swartz only. The shift in strategy came after prosecutors indicated they would use Najer’s medical and personnel records as evidence.
Though Swartz acquitted Najer of one larceny count, Jeanette Birton, Dobbins’ mother, said she was satisfied with the verdict.
“… I just hope she gets some help for herself,” Birton said.
Najer remains free on bond and faces up to four years in prison on each count at sentencing Jan. 7.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
prettybrwn
Mon, Nov 16, 2009 : 3:10 p.m.
I meant diciplinary actions (sorry about the typo:)
prettybrwn
Mon, Nov 16, 2009 : 3:06 p.m.
The hospital can't be too concerned about anyone but themselves. If you look up this person through the Michigan Board of Nursing, her nursing license is still showing current, active and NO disciplary actions. So she could go anywhere else who may not know the situation and obtain a job.
peihaha
Sun, Nov 15, 2009 : 6:04 p.m.
Don't all the hospitals conduct regular drug test on their staff? I found it ridiculous that Esther's (the nurse) supervisor would find her out of sorts while she was on the job. Luckily that she didn't "unconsciously" kill a patience while on the job. This makes me nervous about using the hospital care.
Basic Bob
Sun, Nov 15, 2009 : 4:53 p.m.
I would give her probation. Since she is a convicted criminal, she can get a minimum-wage job with no responsibility and work her butt off just to support herself. If she wants to keep getting high she will end up on the streets or back in jail. That is her choice. But I wouldn't spend a dime on her.
rrt911
Sat, Nov 14, 2009 : 11:35 p.m.
lizzeib--well said. People don't realize that the drugs taken had absolutely no effect on what amount the patient received. Bags and bags of this stuff is all around, it's a wonder more people don't become addicted.
chucklk
Sat, Nov 14, 2009 : 9:06 p.m.
$7000 for 30 hours. That ain't hay!
lizzieb
Sat, Nov 14, 2009 : 8:44 p.m.
I am so glad the patients' family reported the suspicious behavior, and that the nurse was fired. To clarify, though, (and perhaps reassure folks a bit), the patient did not receive any less morphine than planned. The morphine IV is dispensed at a set rate by a pump, and when the bag or syringe is empty, the pharmacy provides another. By removing some of the liquid from the IV, the nurse simply caused it to empty faster, and then would have to re-order morphine from the pharmacy sooner than if she hadn't stolen any. No harm was done to the patient (hence the relatively minor charge of larceny.)
wondering
Sat, Nov 14, 2009 : 5:33 p.m.
Wow. She is a nurse doesnt that automatically make her trustworthy? Sort of like all the other losers that have/had good jobs then screwed other people. My bet for trustworthiness is someone who isn't automatically deemed trustworthy because of a title. Wake up America how many times do we have to be saddened and screwed. The victum is the patient and her family. I am sure the U of M watches the sanitation engineers closer than they watch "professional staff". Go figure
mama247
Sat, Nov 14, 2009 : 12:40 p.m.
LaKrisha Dobbins deserved better. I wonder how many other dying patients were deprived of comfort by this nurse with a known substance abuse problem. LaKrisha's parents, while grieving the dire circumstances of their dear daughter, were probably more aware of the odd behavior of Najer than most grieving families in attendance of a dying loved one. Thank goodness they immediately reported their concerns. They are honorable people; LaKrisha's mother is more than generous and gracious in her hope that Najer receives "help for herself".
toofache32
Sat, Nov 14, 2009 : 12:35 p.m.
This poor woman is the victim. Addiction is a disease and should be treated as such. We have failed her as a society and we should all be ashamed.
mytwocents
Sat, Nov 14, 2009 : 11:14 a.m.
Such a sad story on many levels. I'm thankful the hospital followed through with termination before another patient suffered.
louisa
Sat, Nov 14, 2009 : 11:01 a.m.
Four years in jail is not enough time for this person for what she did to LaKrisha Dobbins, however her day will come when she will have to face the Lord and atone for her crime against an innocent and vulnerable young woman. May LaKrisha rest in peace.
tracyann
Sat, Nov 14, 2009 : 10:54 a.m.
Yep. That's the kind of nurse I want caring for me.
15crown00
Sat, Nov 14, 2009 : 9:52 a.m.
what a loser.give her 3 separate 4 year sentences plus 100 years.no parole until 111 years 6 months is served.
YouWhine
Fri, Nov 13, 2009 : 11:44 p.m.
@in the know... Your name betrays you. The person was convicted of larceny in a building because that is what they did. Larceny in a building means that you were lawfully in a building and stole something. There is no specific "stealing morphine" offense, it falls under larceny. Similarly, if you jumped into a UPS truck because the driver left it running and drove away in it, you would be charged with UDAA (Unlawful Driving Away of an Automobile). You wouldn't be charged with 'stealing a brown truck with the keys in it'.
in the know
Fri, Nov 13, 2009 : 9:28 p.m.
This person was not convicted of stealing morphine, She was convicted of larceny within a building (which is moving something from place to another without permission)
John Galt
Fri, Nov 13, 2009 : 5:09 p.m.
Can't get much lower than this person (if charges are true). No wonder they didn't want a jury trial. People would want to make an example out of her.