HIV Positive Nurse Possibly Exposed Patients to Virus by Stealing and Replacing Medication

Kyle Evans, an HIV positive registered nurse in Texas, has been charged with two felonies for tampering with a consumer product and drug conversion. The charges stem from an incident in February 2019 when Evans was caught stealing five vials of hydromorphone, a pain reliever, from his employer Northeast Methodist Hospital. The Department of Health was notified and an investigation launched immediately. During the investigation, a video was found that also showed Evans stealing the drugs.

In May, still under police investigation, Evans allegedly confessed to stealing drug vials, injecting himself with the contents while working, refilling the vials with an unknown solution, gluing the tops of the vials shut to appear unused, and replacing the vials for future use on patients. Given Evans HIV status, investigators are concerned but have not determined whether he used the same syringe to inject himself and refill the vials, possibly putting patients at risk of contracting the virus. Lab tests on the liquid are still pending.

Health care providers such as Northeast Methodist Hospital may be subject to civil lawsuits for exposing patients to the HIV virus. Across the United States, there are a growing number of incidents involving provider-to-patient HIV transmission. Recently, a class action suit was brought on behalf of nearly 3,800 patients who were exposed to HIV at a surgery center in New Jersey. In New Mexico, two patients have alleged that they were exposed to the HIV virus after receiving cosmetic injections.

If you or someone you know has been a victim of medical malpractice, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-231-9360 or toll free at 1‑800-594-4884.