Compounding Pharmacies Sometime Hurt Patients through Contaminated Materials.
By James E. Girards
What follows is our experience with the New England Compounding Pharmacy case that caused Thousands of Needless injuries by selling Contaminated Medications. This page is designed in part to be a primer for the viewer related to the NECP case as it is a good example of what can go wrong at a compounding pharmacy.
Fungal Meningitis resulted in Many Patient Injuries and Deaths.
We have updated our NECP Medical Research Library [links to additional documents are below]. You can access the medical research by clicking here.
Here is a Timeline of Events Related to NECP:
In December 2012, NECP filed bankruptcy in a Chapter 11 bankruptcy proceeding in the U.S. Bankruptcy Court for the District of Massachusetts, Eastern Division, Case No. 12-19882 before the Hon. Henry J. Boroff. The Multi-District Litigation [“MDL”] was assigned to the Honorable Dennis F. Saylor in the U.S. District Court, District of Massachusetts. Judge Saylor appointed a Plaintiffs’ Steering Committee (PSC). The PSC works with the Private Trustee supervising the NECP estate and the Official Committee of Creditors.
By May 20, 2013, the CDC had linked 741 cases of fungal meningitis and 55 deaths to the contaminated products.
There were three groups or layers of potentially liability parties:
Group One: are the NECP insiders: the individuals that owned and operated the facility where the drugs were manufactured and marketed, and owned and operated related entities. The legal liability of the insiders is based on traditional negligence and breach of fiduciary duty principles.
Group Two: includes the various service providers of NECP, including the company charged with testing the sterility of the drugs, the cleaning company, and the company that built the clean room. The liability against these companies is also rooted in negligence.
Group Three: includes the hospitals and clinics that purchased the drugs and administered them to patients. The theories against these defendants, include the administration of contaminated corticosteroids after the warnings of contamination, noncompliance with state laws by failing to submit patient-specific prescriptions to NECP, failure to inform patients of additional risks from compounded pharmaceuticals, and the failure to properly monitor the safety of NECP practice.
In May 2013, Judge Saylor ordered all pending cases against NECP or any related entity transferred to the MDL.
NECP Filed a Schedule of Assets and Liabilities in the Bankruptcy Court. You can download that document here.
NECP's Background Statement from the Bankruptcy Proceedings is available here.
The NECP has now been resolved.
If you or a loved one has been injured by contaminated medications, call our experienced legal team today for a free consultation.
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