A federal whistleblower lawsuit accuses a Heritage Valley Health System emergency room nurse of stealing patient medications, working while high and contributing to at least two patient deaths. The complaint also says hospital leaders knew about the behavior for years and did nothing to stop it.
Filed by a current nurse and a former nurse, the lawsuit targets emergency department nurse Nolan Chismire, Heritage Valley Health System and several top supervisors, including CEO Norm Mitry and Chief Nursing Officer Linda Homyk. It was unsealed this month and includes claims under the federal False Claims Act.
What the lawsuit says happened
The complaint says Chismire diverted narcotics for his own use for at least eight years and falsified records to make controlled substances appear prescribed when they were not. It also alleges he stole leftover medications from partially emptied vials and repeatedly ignored patient care duties while under the influence.
The lawsuit says at least six nurses reported concerns about Chismire to supervisors, and that some complaints went to Homyk. According to the complaint, one nurse photo-documented used syringes, an orange tourniquet and empty Valium vials after seeing Chismire exit a staff bathroom appearing high, but Homyk allegedly told the nurses to “stand down.”
Alleged failures by hospital leadership
The complaint says Heritage Valley leaders failed to notify the Drug Enforcement Administration or the Centers for Medicare & Medicaid Services as required. It also alleges the hospital removed a camera from the controlled-substance room, reduced police staffing in the emergency department and misled the state board of nursing when officials arrived in 2024 to ask about Chismire.
TribLive reported that the lawsuit also accuses leadership of retaliating against nurses who raised concerns, including Samantha Gallo and Jennifer Duckett. Gallo continues to work at the hospital, while Duckett says she was terminated last year after reporting the alleged misconduct.
| Person | Role | Allegation or status |
|---|---|---|
| Nolan Chismire | Emergency department nurse | Accused of diverting narcotics, working while high and causing patient harm |
| Norm Mitry | CEO | Named as a defendant in the lawsuit |
| Linda Homyk | Chief Nursing Officer | Named as a defendant; accused of ignoring warnings |
| Samantha Gallo | Nurse | Current employee and whistleblower plaintiff |
| Jennifer Duckett | Nurse | Former employee; says she was fired after reporting the conduct |
Deaths and other “sentinel events”
The complaint says one alleged episode involved a 70-year-old woman who died after Chismire, while high and rushing to cover a prolonged absence, made a medication error. It also says a 47-year-old man in alcohol withdrawal left the hospital after not receiving proper care, fell in the parking lot, suffered a head injury and later died after being transferred to Allegheny General Hospital.
Another alleged “sentinel event” involved a patient with severe hand lacerations from a machete who was sent back to the waiting room for two hours before another nurse found life-threatening blood pressure and pulse levels from blood loss. A fourth incident involved a patient in severe pain who said relief never came despite morphine being given.
Chismire’s background and licensing history
The lawsuit says Chismire got his nursing license in 2009 and started at Heritage Valley in 2017. It also says hospital officials knew about prior problems, including firings from Villa St. Joseph in Baden and Allegheny General Hospital, along with a three-year license suspension for stealing drugs.
According to state records, Chismire’s license is active and set to expire on Oct. 31, 2026. Criminal court records also show a DUI conviction tied to an October 2011 arrest in Beaver County that led to two years of intermediate punishment with electronic home monitoring.
The complaint says hospital executives feared legal exposure and damage to a planned merger with Allegheny Health Network, which could affect expected bonuses. AHN declined to comment.
The lawsuit seeks to hold Heritage Valley and its leaders accountable for what it describes as long-running criminal conduct that they allowed to continue. The allegations have not been resolved in court.