Criminal
Aug. 17, 2002
Phlebotomist Is Sent to County Jail
SAN JOSE - A former Palo Alto medical technician who re-used syringes while drawing blood was sentenced Thursday to a year in county jail, but a Santa Clara County judge rejected a state prison term.
Elaine Giorgi could have received a maximum of five years in state prison after pleading no contest in June to four felony Health and Safety Code violations involving illegal treatment and disposal of medical waste and to a misdemeanor count of falsifying medical records. The state sought a sentence of two years.
Superior Court Judge Hugh Mullin decided against that option. "Sentencing the defendant to prison would do absolutely no good at all," he said.
Still, Mullin said, Giorgi would have to spend at least six months behind bars before she is eligible for electronic monitoring. He said the defendant was lucky no one died as a result of her actions, or she would have been looking at a 15-years-to-life sentence for second-degree murder.
The victims, the judge said, were "extremely vulnerable, about as vulnerable as you can get unless you have a gun pointed at your head."
The criminal case is believed to be the first time a phlebotomist - a person who draws blood for medical purposes - was punished after pleading no contest or guilty to a felony related to his or her professional duties. People v. Giorgi, BB 048042.
The case was aggressively pursued by prosecutor Dale Sanderson, who believed Giorgi re-used a more expensive butterfly needle - which was easier to her and less painful for patients - to avoid troubles with SmithKline Beecham, her cost-conscious employer. She went to the trouble of washing off the needle and putting it back in the original packaging to avoid detection, the deputy district attorney said.
Sanderson originally charged Giorgi with assault with a deadly weapon but dropped those charges in June in a plea agreement.
At her sentencing, Giorgi read a brief statement expressing remorse for her actions. "I used exceedingly poor judgment ... and regret it very much," she said, breaking down in tears.
Giorgi's sentence, which includes four years of probation, all but ends the litigation surrounding the case. Most of the civil cases brought against SmithKline Beecham have been settled for nominal amounts, Sanderson said, although six cases - either against the company or Giorgi personally - remain unresolved.
Sanderson said some laboratory patients have tested positive for hepatitis B and C but were unable to prove they didn't already have the disease before possible exposure by Giorgi.
Deputy Public Defender Brian Matthews said his client, whom a psychiatrist said suffered from depression, had gone through enough. "I don't think society needs to be protected by her being incarcerated," he said.
Craiq Anderson
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