Victims Angered, Disappointed at HHS Refusal

By Walter F. Roche Jr.

What might seem to some to be an expected bureaucratic decision is proving to be anything but for some victims of the 2012 fungal meningitis outbreak.
The decision triggering an angry reaction came from U.S. Health and Human Services Secretary Sylvia Burwell, who flatly rejected a request from four U.S. Senators that she waive millions of dollars in Medicare liens being levied against victims of the fatal outbreak.
Such a waiver, she concluded, would not be consistent with agency policy. Federal officials contend they are legally obligated to try to recoup monies paid under the Medicare program for the treatment of beneficiaries who were victims of the outbreak.
In comments and postings on social media, the victims have expressed special outrage that the federal government is seeking to extract its share of a $200 million trust fund, when many believe it was the failure of federal and state agencies that allowed the outbreak to occur.
The 2012 outbreak has been blamed on a now defunct Massachusetts drug compounding that managed to operate for years on the outer edges of the regulatory radar. In 2012 the New England Compounding Center shipped thousands of fungus riddled vials of an injectable steroid to health facilities across the country.
Dennis O'Brien, a Tennessee victim, said he gets the policy part, "But 778 people were affected and 76 died. My life will be forever changed by this fungal meningitis. The amount of money we are going to get is so small in comparison to our physical and emotional injuries and needs."
Others put it more bluntly.
"Over 60 people murdered by NECC over three years ago and not one dime paid to the victims or their families," one victim wrote on this blog site.
"I want to scream and curse right now," wrote another.
"Just another knife in our back," yet another victim added.
With Burwell's decision rejecting a blanket waiver, negotiations between the U.S. Justice Department and attorneys for the victims led by Boston attorney Thomas Sobel will continue. If that fails, each case will probably have to be negotiated separately and lengthy delays have been predicted.
Brenda Bansale, a Michigan victim, said it was "a disappointment to know that the very people who need the financial help the most are the very ones who will be affected the most by this decision.
"The lack of governmental oversight on the compounding industry is what helped cause this mess in the first place and now they have their hands in the cookie jar. It's not right."
Another victim cited the years of deficient regulatory oversight.

With out being involved in the legal field on a daily basis, it is very hard to understand.  I can't see how any outcome will be "fair and reasonable" in the eyes of the victims and their families."
O'Brien said while he was disappointed in Burwell's decision, he wasn't surprised.
"Now a large part of some very needed money is gone. And now the money will be tied up negotiating with insurance companies.  It's been 3 1/2 years. Hasn't it been long enough," he asked.

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