Dr. SwangoVeterans Administration Medical Malpractice Information

 

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The Case of Dr. Michael Swango

The Ohio Murder and Assault

Michael Swango graduated from the Southern Illinois University Medical School in 1983 and

began the internship program at Ohio State University Hospital upon his graduation. As spelled

out in the indictment, while working as an intern at Ohio State University Hospital in January

1984, Dr. Swango murdered Cynthia McGee by injecting her with a lethal dose of potassium. In

February 1984, he assaulted his patient, Rena Cooper, by injecting her with a poisonous substance.

She survived the attack. After that assault, Ohio State University Hospital removed Dr.

Swango from the residency program, and in 1985 Ohio

authorities commenced a murder investigation into his

activities. Although that investigation did not result in

the filing of charges against Swango, he did learn of the

investigation and concealed the fact that he was investigated

for murdering patients from the other hospitals

that subsequently hired him.

Adams County Ambulance Service

In 1985, Swango began employment at the Adams

County, Illinois, Ambulance Service as an emergency

medical technician. According to the indictment, he

poisoned several of his co-workers there with arsenic.

They later recovered and he was tried and convicted of

aggravated battery. He was sentenced to a 5-year term

of imprisonment.

Northport Murders and Assault

Several years after his release from an Illinois prison,

Swango sought admission to several medical residency

programs. In 1992, he was hired by the University of

South Dakota and assigned to work as a resident at the

VAMC Sioux Falls, South Dakota, after he falsified

facts about his prior criminal conviction. Swango was

discharged from the program after hospital administrators

became aware of the facts surrounding his conviction

and his activities at Ohio State University Hospital.

In 1993, Swango applied for and obtained a position

as a medical resident at the State University of Stony

Brook Medical School, which ran a residency program

at VAMC Northport. During the application process,

he misrepresented that his criminal conviction in Illinois

stemmed from a barroom brawl; a false statement

that ultimately led to his conviction and incarceration

on Federal charges.

Thereafter, Swango murdered George Siano, Aldo

Serini and Thomas Sammarco, while all three were

patients at VAMC Northport. Swango killed all three

patients by administering injections of toxic substances.

In addition, Swango also injected a poison into another

patient at the hospital, Barron Harris. Mr. Harris survived

the incident.

In October 1993 Swango was discharged from his residency

at VAMC Northport, and was later charged with

making a false statement to Federal officials and improper

use of controlled substances in connection with

his employment there. Before those charges were filed

discharged from the program after hospital administrators

became aware of the facts surrounding his conviction

and his activities at Ohio State University Hospital.

In 1993, Swango applied for and obtained a position

as a medical resident at the State University of Stony

Brook Medical School, which ran a residency program

at VAMC Northport. During the application process,

he misrepresented that his criminal conviction in Illinois

stemmed from a barroom brawl; a false statement

that ultimately led to his conviction and incarceration

on Federal charges.

Thereafter, Swango murdered George Siano, Aldo

Serini and Thomas Sammarco, while all three were

patients at VAMC Northport. Swango killed all three

patients by administering injections of toxic substances.

In addition, Swango also injected a poison into another

patient at the hospital, Barron Harris. Mr. Harris survived

the incident.

In October 1993 Swango was discharged from his residency

at VAMC Northport, and was later charged with

making a false statement to Federal officials and improper

use of controlled substances in connection with

his employment there. Before those charges were filed

however, he fled the United States and was hired as a

physician at the Zimbabwe Association of Church

Hospitals.

The Zimbabwe Assaults

On May 14, 1995 and July 7, 1995, respectively,

Swango administered injections of toxic substances

into his patients Kenias Mueaza and Virginia Sibanda,

both of whom were under his care at Mnene Hospital

in Zimbabwe, Africa. Both survived Swango’s attacks.

Swango was suspended from practice at Mnene

Hospital in July 1995.

Saudi Arabia

In 1997, as a result of false statements, Swango obtained

employment as a physician through KAMA

Enterprises, Inc., an employment agency in Portland,

Oregon, and was assigned to work as a physician at

the Royal Hospital in Dharan, Saudi Arabia. In June

1997, Swango was arrested in a Chicago airport on

his way from Africa to Saudi Arabia, to begin his

employment there. He was arrested for the false statement

and controlled substance charges that had been

filed in the Eastern Judicial District of New York.

Making the Case

While Swango was imprisoned on this charge, VA OIG

investigators and healthcare inspectors, FBI agents,

and U.S. Attorneys had limited time to find the evidence

to make the case for the three deaths which happened

in a federal facility. Extensive review of records,

laboratory studies, and interviewing witnesses in the

United States and Africa took thousands of hours. In

that effort, the team received the full cooperation and

support from the management and staff at VA Medical

Center Northport, NY.

The Guilty Plea and Sentence

Faced with the possibility of a death sentence, Swango

pleaded guilty to the murder of the three veterans in

New York and was sentenced to three consecutive life

terms without parole.

VA IG Richard Griffin and U.S.

Attorney Loretta Lynch

“Through a web of lies and deception, Michael

Swango inveigled his way into the confidence of hospital

administrators across the country and the world.

Once in their trust and employ, he utilized his skills

to search for victims and take their lives. This case

is the result of the hard work and diligent efforts of

not just this office but of the Federal Bureau of Investigation

and the Department of Veterans Affairs

Office of Inspector General, who were determined

that Swango be held accountable for his actions and

not be allowed to victimize others. I thank both of

those agencies for their dedication and determination

in investigating this matter, across the years and

the globe. We extend our deepest sympathies to the

victims and their families.”

Loretta E. Lynch

United States Attorney

 

o Born, Tacoma, Washington, lO/21/54

o Honorably discharged- US Marine Corps.,

4/15/80

o Receives MD degree- Southern Illinois

University, April, 1983

Fellow students at SIU thought him "weird" and

nicknamed him "Double-0 Swango" because his

patients never seemed to thrive and often died

 

Enters Internship Program at Ohio State

University Hospital, 7/1/83

I- When his internship ended on 6130184, he was not

asked to return, due to "suspicions no one seemed to

want to address"

 

 

Becomes EMS technician in Illinois, 7/84

o Arrested by Quincy, IL, police on 10/26/84, and

charged with battery for poisoning co-workers

with doughnuts laced with arsenic

o Convicted on 8/23/85 of aggravated battery - a

felony - for poisoning co-workers at the Adams

County Ambulance Service

o Sentenced to, and serves, 5 years in prison

o Swango's case featured on the ABC television

news program "20/20"

 

o

Starts working at VA Medical Center in Sioux

Falls. South Dakota, 7/1/92

Discharged in SD after authorities received

more detailed reports of his activities at OSU,

December, 1992

 

o Admitted to residency program at Northport VA

Medical Center, administered by Stony Brook

University Medical School, 6/1/93

Swango begins work, 7/1/93

o George Siano dies at Northport VA, July, 1993

Toxicology report on Siano indicates poisoning by

epinephrine [hormone with vasopressor effects]

Aldo Serini dies at Northport VA,

September, 1993

- Toxicology report on Serini indicates

poisoning by succinylcholine [neuromuscuIar

blocking agent]

o Dean of SBU Medical School receives a

call from the Dean of the University of

South Dakota Medical School on

10/13/93, describing the circumstances

of Swango's 1992 dismissal - Swango is relieved of clinical duties at Stony

Brook and VA

 

Files for bankruptcy October 25, 1993

 

 

Northport VA Hires Physician Who Was Convicted of Poisoning Coworkers

William T. Merriman, Deputy Inspector General, Department of Veterans Affairs (VA), announced today that in U. S. District Court, Uniondale, NY, Michael J. Swango, also known as Jackson Michael Kirk, appeared before Judge Jacob Mishler, as a result of a superseding indictment filed yesterday charging Swango with one count of making false statements and five counts of possession of controlled substances by misrepresentation, deception and subterfuge. Swango was indicted previously in July 1997, for the false statement charge.

 

Merriman advised that a Federal grand jury charged that Swango, in connection with his application to enter a residency program at the State University at Stonybrook, Long Island, stated to officials that he had been convicted and incarcerated in Illinois for assault arising from a fist fight in a bar, when in fact he had been convicted for assault arising from the non-lethal poisoning of his co-workers while employed as a paramedic. Stonybrook assigned Swango as a resident to the VA Medical Center, Northport, NY. As a result of Swango’s misrepresentation and subsequent employment status, he was able to dispense controlled substances, including Demerol and Morphine. In 1993, an investigation by the Federal Bureau of Investigation resulted in an arrest warrant being issued based on this false statement charge. Swango then left the United States and accepted an appointment as a resident at a hospital in Zimbabwe. An arrest warrant was issued on Swango in Zimbabwe charging him with five counts of murder and two counts of attempted murder of patients at that hospital. Swango was arrested upon his return to the United States in July 1997.

 

Swango is being held in Federal custody pending trial scheduled for November 3, 1997, on these charges. If convicted, he could receive a maximum sentence of 25 years’ imprisonment and $150,000 in fines.

Portion of New Yorker Article on Dr. Swango

Records from Dr. Swango's patients

Swango Indictment

Warning letter sent by the Dean of Stony Brook Medical School about Swango to all other US medical schools in 1993

 

RUGATO v. THE STATE OF NEW YORK, #2002-016-068, Claim No. 103498, Motion No. M-63803


 

Synopsis



 

Case Information

UID:
2002-016-068
Claimant(s):
MARIA RUGATO, Individually and as Administratrix of the Estate of ALDO SERINI, Deceased The caption has been amended sua sponte to reflect that the only proper defendant in this Court is the State of New York.
Claimant short name:
RUGATO
Footnote (claimant name) :

 
Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended sua sponte to reflect that the only proper defendant in this Court is the State of New York.
Third-party claimant(s):

 
Third-party defendant(s):

 
Claim number(s):
103498
Motion number(s):
M-63803
Cross-motion number(s):

 
Judge:
ALAN C. MARIN
Claimant's attorney:
Gottlieb & NitkewiczBy: Edward J. Nitkewicz, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Katharine S. Brooks, AAG
Third-party defendant's attorney:

 
Signature date:
June 28, 2002
City:
New York
Comments:

 
Official citation:

 
Appellate results:

 
See also (multicaptioned case)

 


 
Decision

 
By a plea agreement executed September 6, 2000 with the Office of the United States Attorney for the Eastern District of New York, Dr. Michael Swango admitted that, at the Veterans Affairs Medical Center at Northport, New York, he "intentionally murdered Aldo Serini...by administering injections of one or more toxic substances that caused respiratory failure on or about September 23, 1993..."(Cl affirm in opp, exh E, p 3).

 
Swango, on July 1, 1993, had begun a four-year residency in psychiatry at the State University's Health Sciences Center at Stony Brook. Swango was assigned by Stony Brook to work in the residency program it ran at the Veterans Affairs hospital in Northport, which is also located in Suffolk County. The assignment at the VA hospital was in internal medicine, part of the standard rotation for Swango's residency.

 
The claim on behalf of Serini was served on the defendant December 1, 2000; the notice of intention to file a claim had been served on it October 3, 2000. Defendant here moves to dismiss the claim as being barred by the statute of limitations. Defendant points to the claim's list of injuries Serini suffered as pre-death objective manifestations of the damage or symptoms caused by exposure to the drug Swango injected him with: increased blood pressure, increased heart rate, loss of motor control, paralysis and loss of muscle function. (Def affirm, exh E, ¶6; def brief, pp3-4).

 
In the September 6, 2000 agreement, Swango additionally pled guilty to the murders in 1993 of George Siano and Thomas Sammarco, who were also patients at the VA hospital in Northport. Representatives of Siano and Sammarco filed suit in the year 2000 in this Court, and the State of New York in each case moved to dismiss on the statute of limitations grounds.

 
The three cases are connected, and I have decided them together. For our purposes, the pertinent facts and circumstances are the same in this case as in Siano's (M-63804), except as otherwise set forth herein. As the above-quoted plea agreement indicates, Serini died September 23, 1993, nearly two months after Siano's death. Swango injected Serini with potassium, a different drug than he used on the other two patients.[1]

 
Serini's 1993 death certificate states that the immediate cause of death was cardiopulmonary arrest as a consequence of colon cancer (cl exh I). Maria Rugato, Serini's sister and administratrix, swore in her affidavit that at the time of her brother's death:
My family and I were advised ... that he died as a direct result of colon cancer. We were advised that his heart simply stopped...we were not aware that he had been poisoned by one of his own doctors, "Dr. J. Kirk" a/k/a Dr. Michael Swango. We were not aware that as a result of potassium poisoning, he suffered from increased blood pressure, increased heart rate, loss of motor control, loss of muscle function or suffered from paralysis...On July 5, 2000, the Federal authorities advised me and my family for the first time that the medical tests performed on my brother's exhumed body revealed that he had been poisoned and had suffered the effects of potassium poisoning. Never before had anyone provided us with any information in this regard. [Rugato aff, ¶¶ 5 -7].
***
The arguments of the parties in this matter are the same as were made in the Siano case; their submissions virtually identical. Any differences in the facts and circumstances here from those of the Siano matter are not material and do not affect my conclusion.

 
In view of the foregoing, having considered the submissions of the parties,[2] IT IS ORDERED that defendant's motion (M-63803) be denied.

 

June 28, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims



 

[1] Claimant's motion papers contain a statement on the Swango murder pleas from an outside medical laboratory specializing in toxicology, which analyzed tissue specimens from the exhumed bodies of Serini, Siano and Sammarco (cl exh N, from National Medical Services). It says the compounds isolated included epinephrine (found in Siano's body) and succinyl choline (found in Sammarco) and describes them as commonly used in hospitals. No specific mention is made of potassium and whether it has a medical use where appropriate.

 
[2] On behalf of the defendant: Notice of Motion and Affirmation in Support containing exhibits A through E; Memorandum of Law; and Reply Affirmation. On behalf of the claimant: Affirmation in Opposition containing exhibits A through Q, and Affidavit by Maria Rugato; Memorandum of Law.

 

 

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