A wrongful death lawsuit has been filed against an Athens hospital and a former nurse accused of killing her husband.
Marjorie Cappello is charged with murder for poisoning her husband, James Cappello, with insulin she stole from the hospital where she worked, North Alabama Specialty Hospital. She reported her husband missing in September of 2018, and Huntsville police found his body in their home's garage and a freshly-dug grave in the backyard.
The 17-count lawsuit was filed on Sept. 18, 2020, by the estate of James Cappello.
It accuses the hospital of not providing appropriate supervision of Marjorie Cappello and failing to properly monitor controlled medications, which it says caused the death of her husband.
The lawsuit goes on to say that in September of 2018, Nicole Cappello was providing long-term acute care and health services on the second floor when she stole one or more medications from the hospital, including insulin used to poison her husband.
It says the hospital had the duty to ensure prescriptions, controlled medications and supplies were handled properly to minimize risk. It also states the hospital was negligent in hiring Cappello because it had the duty to “exercise reasonable care and diligence” to ensure she was competent and fit to perform the job, which included access to prescription/controlled medications.
The lawsuit accuses the hospital of not properly vetting Cappello, saying she was incompetent and had “a history of diversion and/or other problems.” It claims she had a history of drug abuse and theft of medication, but she was given complete access to medication at the hospital.
The lawsuit also says the hospital failed to adhere to HIPAA provisions with the unauthorized accessing of patients' personal health information. It goes on to say that it failed to perform audits to prevent misappropriation of patients' medicine, and it didn't properly monitor an automated medication dispensing system.