Former University of Michigan nurse sentenced to probation for stealing morphine from dying patient
A former University of Michigan Medical Center nurse convicted of stealing morphine from a dying patient’s bedside was sentenced to probation Thursday.
Esther Najer, 48, was ordered to serve two years of probation and pay fines related to her November conviction on three counts of larceny from a building. Circuit Judge David Swartz convicted her of the crimes following a day-long trial that included evidence of Najer’s prior treatment for substance abuse.
Several members of LaKrisha Dobbins’ family also testified during the trial and recounted how Najer, who was not Dobbins’ primary nurse, entered her room in the intensive care unit throughout the day in September and used a syringe to siphon morphine from an IV.
They reported the incidents to hospital staff, who suspended Najer after determining a significant amount of the powerful painkiller meant for Dobbins was missing. The 26-year-old Ypsilanti woman died that day of natural causes.
Dobbins had several debilitating conditions caused by spinal meningitis, which she contracted at just 3 months old. She gradually went blind, was prone to seizures and needed specialized care from family members.
Speaking at the sentencing, Jeanette Birton, Dobbins’ mother, reiterated how her familiarity with the medical equipment needed to keep Dobbins alive all those years helped her determine what Najer was doing.
Birton said she hoped to get an apology from Najer for taking her daughter’s medication and adding more stress to an already painful time. But none came Thursday.
“It was sad. I looked right into her eyes like she did when she looked into my daughter’s as she stole that medicine, and got nothing,” Birton said. “If she had any remorse, I didn’t see any. Except about losing her ability to work. I have no sympathy for her.”
Najer was fired about two weeks after Dobbins’ death. Her attorney, Jerome Sabbota, said she expressed remorse.Â
He then focused on her lack of a criminal record and nearly 20 years of dedicated service as a nurse in pre-sentencing arguments, officials said. Sabbota said today they will appeal on the grounds that her medical records and other evidence of her past shouldn’t have been admitted.
“There was evidence that the judge considered that he should not have, which we believe influenced the judge’s decision,” Sabbota said.
Testimony at Najer’s trial revealed supervisors removed her from duty for six weeks in 2008 after she appeared to be intoxicated and had difficulty walking on her own while on the job. She was diagnosed with a chemical dependency and was treated at St. Joseph Mercy Hospital before returning to work.
Each charge carried a maximum sentence of four years in prison. A pre-sentencing report recommended just six months of probation, but Swartz exceeded that amount within state sentencing guidelines, officials said. Drug screening is mandatory.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
jamie
Mon, Jan 18, 2010 : 12:08 p.m.
I am very sad. I am not making a judgment on the current situation because I did not hear the evidence nor was I the trier of facts. I knew this nurse very well 15 years ago. The person I knew was a sweet, caring, gentle soul - with all if not more of the insecurities, fears and confusions we all face with differing degrees of effort. The nurse I knew I would have entrusted my love ones to. If you did not think you did anything wrong - why would you apoligize. It would have been very appropriate not to admit guilt in an apoligize but to apoligize because a person died (e.g., even a rainbow apoligizes for an angry sky). But the person I knew - had a streak of stubborness (many of us do) and would have viewed an apology as a weakness. That should not be seen as a sign of remorse. Some people have a difficult time showing remorse or asking forgiveness in those instances where they have something to apoligize for.
john brach
Sat, Jan 9, 2010 : 6:17 p.m.
The don't take my word for as you seem to know more than me, maybe that person does. They might have inside information that I don't have. I am open to more information that may exist, if it does. I don't know of any. Based on my info a major injustice has been done. If someone has more or better for sure info, I'd certainly like to know. I am amazed that this guilty verdict has occurred as to the info that I know; it's preposturous that this has occurred. I am still flabbergasted.
john brach
Sat, Jan 9, 2010 : 4:59 p.m.
How do you know the patient suffered??? It is a fact that she did NOT suffer. If this nurse is an addict then drug test her. They did not. She is not a drug addict, never has been never was. I've known her for over 20 years and her record as an excellent nurse is impeccable! There is absolutley NO evidence of any crime committed other than an allegation. that was never substantiated. An addict is an addict, drug test her. She is clean. Isn't a person innocent until PROVEN guilty, there is NO proof that she was/is guilty, other then hearsay. Hopefully you are nveer accused of hearsay and appear before this judge, 'cuz you'll be guilty! It sure seems like there needs to be proof beyond a reasonable doubt, not hearsay. Ans shouldn't a person be toldthat they're being tgerminatedfor acrime within a day or two of the allegatiion, not months later. Again where is the proof beyond a reasonable doulbt. There was none, is none, 'cuz there was none. Check yourself to find out if there was ANY concrete proof that his event happened other then hearsay allegation. I think that you might be amazed in the lack of evidence, as they couldn't find any, as there wasn't any. An innocent person got hung out to dry. Don't take my word for it as you seem to know more than me.
mama247
Sat, Jan 9, 2010 : 4:39 p.m.
This is a sad story. I find it amazing that Judge David Swartz didn't mandate community service. I am not suggesting that Ms. Najer should be working directly with people-- and certainly not with disabled, vulnerable patients in critical care-- but she could certainly be doing SONETHING to help society after hurting us all so badly. Her only lament at the sentencing was that she hasn't worked. She was ordered by the judge not to work with patients age 62 and older, and not to work with disabled persons, during the two years of her probation. Yes, Ms. Najer was ordered to seek substance abuse counseling. Ms. Najer got off easily. Diana Collins, the prosecutor, asked for six months of jail time and, thank you, Ms. Collins, you spoke eloquently and sincerely about the heinous selfishness of this dug-stealing nurse. Ms. Najer is incredibly arrogant to appeal Judge Swartz's very lenient verdict and sentencing. Her crime was NOT "victimless". LaKrisha Dobbins DID suffer at the end of her life. She was vulnerable... her family was vulnerable as are all families who attend a critically ill loved one and naturally trust the hospital professional to do their best to relieve pain and suffering... and Ms. Najer brazenly took advantage of Ms. Dobbin's situation..... and how many others that were not reported? Ms. Najer's lawyer said she feels remorse for what she did. Ms. Najer NEVERr said one word of apology or regret to the grieving family of LaKrisha Dobbins. That is ALL they wanted to have some closure. Indeed, Ms. Najer would not be the nurse I'd want to "care" for me or my loved one in time of crisis. The hospital system should have been aware of Ms. Najer's serious problem and criminal behavior; unfortunately, it took the family to bring the hospital to take action. John Brach, I hope you're not a nurse... I don't think I'd trust your judgement. You are blaming the family for protecting others from a predatory and ruthless offender.
john brach
Sat, Jan 9, 2010 : 3:13 p.m.
The patient was never in any pain due to the alleged missing morphine. I agree with the writer of why a drug test of any kind never performed. It would certainly seem that that would be a slam dunk case. She wasn't informed until months later that she was being terminated. There is a bit of suspicion with that issue. As to the patient being in any pain there was left over morphine in the bag that was disposed of. Did anyone think to measure that amount as to the mount given to determine if any was missing, nope! The allegation of impropriety was not until months after the alleged incident which amounts to a lot of hearsay alleged by the family. Did anyone think to check to see of this family's cridibility in reference to previous lawsuits atttempted to be brought against the hospital for other allegations. Nope! It is sad the young lady's life ended, but it was due to a chronic illness that was terminal, none of which had anything to do with the allegations brought. Again, a major injustice was done to an excellent ICU nurse,sad.
Informed and Educated
Sat, Jan 9, 2010 : 11:39 a.m.
It sounds like the evdience is there to convict this woman. What is sad is that the family of Ms. Dobbins knows that their family member died in pain because of this woman's selfishness. And without an apology. I don't feel that probation is harsh enough.
actionjackson
Sat, Jan 9, 2010 : 10:32 a.m.
Why wasn't there a drug test perfomed on the alleged perpetrator? It seems that if a crime was committed that there would be evidence in the form of a urine or blood analysis of the alleged user?
Craig Lounsbury
Sat, Jan 9, 2010 : 9:13 a.m.
"It's funny that no one could say how much; if any painkiller was missing." "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." "...the same day Dobbins died, a 100-cubic centimeter IV bag of morphine that was pulled for another patient under Najers care in the critical care unit went missing and was never found..." I concede that innocent people are, on occasion, wrongly convicted in our system of justice. But it doesn't seem likely in this case to me.
john brach
Sat, Jan 9, 2010 : 8:55 a.m.
It's funny that no one could say how much; if any painkiller was missing. Numerous nurses who are not the main nurse help the other nurses in an ICU as the the severity of the patients dictate that the nurses help one another in a critical care unit. The ONLY "evidence" was the family saw the nurse put a syringe in the line. They did not see if any liquid was removed, as none was, it was air, as the machine was beeping. There was no missing bag of morphine, no needle with morphine in it, no measurement of the alleged missing morphine (which I asume is possible, as it is given per prescribed terms and then whatever is left is possible to say how much the patient received), so I guess the allege that something was "taken" when it would be proveable that it was or wasn't would make a case for wrong allegatiion. Was any of this done? To ruin a person's name and reputation one should be sure BEYOND a reasonable doubt that such an action occurred. I think here in America, one in inoocent until proven guilty. And in this case there was no proof as nothing occurred.
Craig Lounsbury
Sat, Jan 9, 2010 : 7:58 a.m.
"If any legal team looked at this case they would shake their head and ask where is the "smoking gun". that is, any hard evidence that a crime occurred." how about... "a significant amount of the powerful painkiller meant for Dobbins was missing." "Several members of LaKrisha Dobbins family also testified during the trial and recounted how Najer, who was not Dobbins primary nurse, entered her room in the intensive care unit throughout the day in September..." It seems like a "smoking gun" to me. But I'm just a knucklehead on the Internet. Maybe powerful pain killers disappear all the time and its just considered overhead.
Basic Bob
Fri, Jan 8, 2010 : 8:14 p.m.
So, did the judge order additional substance abuse treatment for the offender? The prior treatment was not completely effective.
Michigan Reader
Fri, Jan 8, 2010 : 7:37 p.m.
@ftaylor74--What John Brach is getting at with a reference to background checks has a bearing on the credibility on the witnesses' testimony.
ftaylor74
Fri, Jan 8, 2010 : 5:11 p.m.
so I guess in john brach's world the rapist and the victim should have a background check done because maybe the victim asked for. This nurse stole medication from a dying patient why does the family need to have a background check??
Tom Joad
Fri, Jan 8, 2010 : 4:34 p.m.
Last thing Michigan needs is warehousing another drug addict in prison. Probation is eminently reasonable considering her long career in nursing and lack of a criminal record.
john brach
Fri, Jan 8, 2010 : 3:46 p.m.
It's a shame that verication of the allegations weren't checked out prior to slandering her in print. Someone??? didn't ask the all important question: Where is the evidence???? This whole fiasco was based on unsubstantiated accusations. No one apparently did ANY background check on the accusers, they just decided to crucify the accused, not innocent until proven guilty - NOT!!! Guilty, due to the alleged nature of the accusation. This is not justice but murder by print.
Cash
Fri, Jan 8, 2010 : 12:57 p.m.
If a male had done it, they would have done time for it. A bunch of first time offenders get prison time....males, that is. And...I am a female.