Date: 11-20-2024

Case Style:

United States of America v. Raynaldo Riviera Ortiz Jr.

Case Number: 3:22-CR-278

Judge: David Godbey

Court: The United States District Court for the Northern District of Texas (Dallas County)

Plaintiff's Attorney: The States United Attorney’s Office in Dallas

Defendant's Attorney:

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Description:

Dallas, TX criminal defense lawyer represented the Defendant charged with Tampering with IV Bags
Dallas Anesthesiologist Convicted of Tampering with IV Bags Sentenced to 190 Years in Prison

A Dallas anesthesiologist injected dangerous drugs into patient IV bags, leading to one death and numerous cardiac emergencies.

Raynaldo Riviera Ortiz Jr., 60, was charged by criminal complaint in September 2022 and indicted the following month on charges related to tampering with IV bags used at a local surgical center. In April, following an eight-day trial, a jury convicted him of four counts of tampering with consumer products resulting in serious bodily injury, one count of tampering with a consumer product and five counts of intentional adulteration of a drug. He was sentenced today by Chief U.S. District Judge David Godbey, who found that Dr. Ortiz caused the death of his colleague and called his other acts “tantamount to attempted murder.”

“The defendant betrayed the trust of patients by tampering with critical medical supplies, and the result was death and serious bodily injury,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s sentence reflects the seriousness of these offenses and should make clear that the Department will work tirelessly to investigate and prosecute anyone who endangers patients by tampering with drugs.”

“This disgraced doctor acted no better than an armed assailant spraying bullets indiscriminately into a crowd. Dr. Ortiz tampered with random IV bags, apparently unconcerned with who he hurt. But he wielded an invisible weapon, a cocktail of heart-stopping drugs, concealed inside an IV bag designed to help patients heal,” said U.S. Attorney Leigha Simonton. “On at least nine separate occasions, he essentially attacked unconscious patients lying on an operating table, and even killed a colleague. I am so proud of our office’s work in bringing Dr. Ortiz to justice and bringing a measure of solace to his victims and their families.”

“Patients expect that their doctors will use only safe and effective medical products during their surgeries. The illicit tampering in this case demonstrated a gross disregard for patient safety,” said Special Agent in Charge Charles L. Grinstead of the Food and Drug Administration’s Office of Criminal Investigations (FDA-OCI). “This investigation uncovered that adulterating the IV bags caused serious adverse health consequences. This sentencing is a clear demonstration that FDA will not stop pursuing and bringing to justice those who risk patients’ health and safety through their criminal actions.”

According to evidence presented at trial, between May and August 2022, numerous patients at Surgicare North Dallas suffered cardiac emergencies during routine medical procedures performed by various doctors. About one month after the unexplained emergencies began, an anesthesiologist who had worked at the facility earlier that day died while treating herself for dehydration using an IV bag. In August 2022, doctors at the surgical care center began to suspect tainted IV bags had caused the repeated crises after an 18-year-old patient had to be rushed to the intensive care unit in critical condition during a routine sinus surgery.

A local lab analyzed fluid from the bag used during the teenager’s surgery and found bupivacaine (a nerve-blocking agent), epinephrine (a stimulant) and lidocaine (an anesthetic) — a drug cocktail that could have caused the boy’s symptoms, which included very high blood pressure, cardiac dysfunction and pulmonary edema. The lab also observed a puncture in the plastic shell that had been around the IV bag.

Evidence presented at trial showed that Ortiz surreptitiously injected IV bags of saline with epinephrine, bupivacaine and other drugs, placed them into a warming bin at the facility, and waited for them to be used in colleagues’ surgeries, knowing their patients would experience dangerous complications. Surveillance video introduced into evidence showed Ortiz repeatedly retrieving IV bags from the warming bin and replacing them shortly thereafter, not long before the bags were carried into operating rooms where patients experienced complications. Video also showed Ortiz mixing vials of medication and watching as victims were wheeled out by emergency responders.

Evidence also showed that Ortiz was facing disciplinary action at the time for an alleged medical mistake made in his one of his own surgeries, and that he potentially faced losing his medical license.

At trial, doctors testified about the confusion they felt when their patients’ blood pressures suddenly skyrocketed. Reviewing medical records, they all noted the emergencies occurred shortly after new IV bags had been hung. Patients recalled waking up unexpectedly intubated in intensive care units they had been transported to via emergency medical transportation services, in pain and in fear for their lives.

At Wednesday’s sentencing hearing, patients and their families testified about the “life-altering” pain they’d endured. The son of one victim told the Court that his 10-year-old son no longer trusts doctors, because “a doctor tried to kill Pops.” The father of another recalled with horror seeing Dr. Ortiz’s “dead fish stare” on surveillance video as his victims were wheeled out of the surgery center on gurneys. And a victim who spent five days in the hospital after his cardiac incident said he woke up feeling “all chewed up” and has never been the same since.

Dr. John Kaspar, the husband of the doctor who died after treating her dehydration with a tainted bag, told the Court the image of his wife’s “lifeless eyes” would never leave him. She was “my life,” “the strongest woman” he’d ever met, he said.

FDA-OCI Special Agents Chad Medaris and Daniel Allgeyer investigated the case with support from the Dallas Police Department.

Assistant Director Patrick Runkle of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney John de la Garza for the Northern District of Texas prosecuted the case.

Assistant U.S. Attorney Gail Hayworth for the Northern District of Texas provided appellate support.

Outcome:

Defendant was found guilty and sentenced to 190 Years in Prison

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