Boston Herald

Nurse gets prison for taking patient fentanyl

Defendant used syringe to extract drug from IV bag

- By Flint McColgan flint.mccolgan@bostonhera­ld.com

A registered nurse caught taking fentanyl from a patient under her care at Berkshire Medical Center in Pittsfield has been sentenced to three months in prison.

Jessica Lotto, 37, of Pittsfield, was sentenced by U.S. District Court Judge Mark G. Mastroiann­i in federal court in Springfiel­d to three months in prison to be followed by one year of supervised release. Lotto pleaded guilty to one count of acquiring a controlled substance by fraud, deceit or subterfuge on May 31, 2022.

Lotto, on Feb. 27, 2019, “entered a sedated patient’s hospital room and removed fentanyl from the patient’s IV bag with a syringe,” according to prosecutor Deppika Bains Shukla’s sentencing memo filed Monday. She was caught in the act by the director of the center’s Critical Care Unit.

She then had a “brief exchange” with the director and then “dropped the syringe into the sharps container on the wall,” the memo states. The director then had housekeepi­ng unlock the container and found the 60 milliliter syringe with about 10—11 milliliter­s of liquid inside, which was later tested to be the same concentrat­ion as the hospital’s standard fentanyl infusion solution.

While the memo notes that the solution was still flowing to the patient, Lotto could have easily contaminat­ed the bag by her actions.

“It is hard to conceive of a more vulnerable victim than the patient in the instant case,” the prosecutor wrote. “Given the patient’s compromise­d medical condition and need for fentanyl for pain management, the patient was ‘particular­ly susceptibl­e’ to the defendant’s criminal conduct.”

In his own sentencing memo, defense attorney Alexander Sohn notes that Lotto followed the “effectivel­y normalized … model of a ‘high functionin­g addict’” set by her parents. He wrote that her father smoked pot daily and her mother “would drink anywhere from a half, to a full, bottle of wine every evening.”

He also noted that Lotto on March 1 “will have four years of sobriety from opiates.” Despite having her nursing license suspended, she has since taken on training and rehabilita­tion and was granted “limited reinstatem­ent of her” privileges. Prosecutor Shukla asked for a sentence of 36 months, or three years, probation with the first six months to be served at home.

“The defendant stole fentanyl from the IV bag of a patient who was unaware of the defendant’s actions. In doing so, she put the patient at risk of infection and other diseases,” Shukla summarized. “However, the defendant is charged with a single incident, and she did not attempt to tamper with the patient’s IV bag by replacing the fentanyl with another substance, as did many of the defendants who received lengthy prison sentences.”

 ?? COURTESY — U.S. DISTRICT COURT ?? Registered Nurse Jessica Lotto, 37, of Pittsfield in an undated photo contained in the defense sentencing memo.
COURTESY — U.S. DISTRICT COURT Registered Nurse Jessica Lotto, 37, of Pittsfield in an undated photo contained in the defense sentencing memo.

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