Ex- Yale Nurse Gets 16 Months for Drug Substitution Scheme

A Former Nurse's Downfall: Theft, Deception, and Consequences

A former nurse at Yale New Haven Hospital’s Saint Raphael Campus has been sentenced to 16 months in prison for stealing prescription drugs and replacing them with saline. This act potentially led to patients receiving less than their prescribed doses of medication. The individual, Sean Falzarano of Southbury, will also serve two years of supervised release after his incarceration and is required to pay restitution, the exact amount of which is still being determined but is estimated at $54,000.

The judge who handed down the sentence, Vernon D. Oliver, concluded that Falzarano's crime was not driven by addiction. However, this finding was challenged by his federal public defender, Anne E. Silver. The prison sentence was significantly shorter than the more than four years prosecutors had sought, as well as the range Falzarano faced under federal sentencing guidelines. Yet, it was much harsher than the probation without immediate prison time that the defense lawyer had requested.

According to his written plea agreement, Falzarano pleaded guilty in December to tampering with a consumer product and obtaining a controlled substance through deception. Federal sentencing guidelines indicated he should receive between 41 and 51 months in prison. Prosecutors asked Judge Oliver to impose a sentence of 51 months, emphasizing the severity of the breach of trust.

“Sean Falzarano, a hospital nurse, stole medicine destined for patients, filled the vials with saline, and reintroduced the adulterated vials into the distribution stream for patient use,” wrote prosecutor Ray Miller in his sentencing memorandum. “It is hard to imagine a more egregious breach of trust for a health care provider.”

Falzarano received prescription medication "under the table" and claimed to have told Yale New Haven employees that he was a licensed airplane pilot and had anxiety. According to the prosecutor, Falzarano worked for numerous airlines and as a flight instructor. He stated that he obtained a prescription of Lorazepam “under the table” because he couldn’t have the medication on his medical record as a pilot.

Lorazepam is used to treat anxiety disorders, according to the Mayo Clinic’s website. It may cause drowsiness, trouble with thinking, trouble with controlling movements, or trouble with seeing clearly.

Silver described Falzarano's medication thefts as an outgrowth of the COVID-19 pandemic. His wife is an airline pilot, and he took on the role of child-care provider in their family. In March 2020, air travel ground to a halt, and Falzarano's wife was furloughed from her job. With no choice but to accept a job in a COVID-19 unit, he contracted the virus and witnessed harrowing scenes with his patients.

“Patients who were relatively stable would develop flash pulmonary edema with audible gasping for air, literally drowning in their own fluids,” the defense lawyer wrote. “Sean would stand by, sometimes helpless, as people begged for help, dying quickly.”

Falzarano began taking “waste” medication home, initially by accident, but later intentionally. Hospital protocols required disposal of the remainder of the medication, but Falzarano would take the extra medication home in his coat pocket. At home, he would inject himself intramuscularly with sterile needles and syringes taken from the hospital.

Citing a doctor's report, the defense lawyer wrote that Falzarano meets criteria for a substance use disorder during this period and his actions are consistent with those of someone struggling with addiction.

Yale New Haven is seeking restitution of $54,310 from Falzarano for things such as allowing employees to be interviewed during the investigation, responding to the grand jury subpoena requests, and making employees available to testify. Federal sentencing guidelines call for Falzarano to be fined between $15,000 and $150,000, according to his plea agreement.

However, the prosecutor noted that Falzarano has filed a financial affidavit showing he has a negative cash flow and cannot afford to pay a fine. Despite this, Falzarano and his family report a gross family income of about $350,000, live in a house valued at $850,000 or more, and own a Coachman Trailer, a 2024 Tesla Model Y, and a 2022 Mazda CX-5.

In April 2022, before he was charged in the case, Falzarano and his then-lawyer met with federal investigators. During that meeting, Falzarano admitted to diverting drugs from Yale New Haven but denied ever tampering with medications by replacing them with sterile water and returning the vials to a dispensing machine for future use.

Following the interview, federal law enforcement could not substantiate any of the defendant’s claims. Silver said Falzarano's pilot's license has been suspended and "he's accepted that he will never fly again." The defense lawyer added that Falzarano has voluntarily surrendered his nursing license. The judge ordered him not to work in the medical field or as a pilot during his two years of supervised release.

Falzarano must report to prison by October 21.