Mass. AG In Push for Victims

By Walter F. Roche Jr.

The Massachusetts Attorney General's office is planning a final push this fall to reach all victims of the 2012 fungal meningitis outbreak who are eligible for grants of $25,000 to $50,000.
Aides to Maura Healey, the attorney general, say they plan to work with the U.S. Attorney's office in Boston to identify all victims who qualify for grants from a $40 million victims fund allocated from the U.S. Justice Department.
Healey aides said the effort will include obtaining the best available address for any victims who have not yet applied for any of the victim funds.
The allocation to the Healey's office came with the active intervention of U.S. Rep.Mike Bishop, a Michigan Republican whose district was one of the hardest hit in the outbreak. It was caused by fungus riddled steroids shipped to health providers across the country.
The final deadline for applications is Dec. 31 of this year. That deadline has already been extended several times.
The award for most victims will be $25,000 but Healey aides say those who suffered a permanent impairment and the survivors of victims who died as a result of the outbreak can qualify for a second $25,000 grant. The impairment must be verified by a physician.
Stating that outreach will be the priority over the next four months, Healey aides said they were committed to finding every single eligible victim.
The latest round of checks mailed out to victims brought the total distributed to $18 million.
The actual number of victims has never been determined. Nearly 3,000 victims filed for claims in a related bankruptcy.
Federal investigators have stated in court filings that 76 victims died and 778 were sickened in the outbreak caused by contaminated methylprednisolone acetate shipped from the now defunct New England Compounding Center in Framingham, Mass.
In a related criminal case two NECC officials were found guilty of racketeering and mail fraud charges and are now serving prison sentences.
Information on the application process can be found at https://www.mass.gov/mass-necc-program
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NECC Defendants Seek Six Weeks of Testimony

By Walter F. Roche Jr.

Lawyers for the remaining defendants in the fungal meningitis outbreak criminal case say they will need four to six weeks to present their cases when the trial begins in early October.
In a joint filing today in U.S. District Court in Boston, Mass. lawyers for the eight remaining defendants estimated they would need a total of 112 to 161 hours to present jurors with their defenses. Based on the past practices of U.S. District Judge Richard G. Stearns, who is presiding over the case, that could mean more than six weeks of testimony.
Stearns in two previous NECC criminal trials, limited testimony to five hours per day.
Stearns had issued an order requiring prosecutors and defense lawyers to provide an estimate of the time they would need.
An estimate by the U.S. Attorney's office has yet to be filed.
According to the filing the defendants intend to designate a lead attorney for each cross examination and "to divide responsibilities to avoid repetition."
In the three page joint filing, the defense attorneys stated that they had provided more detailed information to Stearns under seal.
Stearns limited testimony in the recent trial of Glenn Chin, who was a supervising pharmacist at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. The eight remaining defendants were NECC employees.
Prosecutors already have provided a list of 76 possible witnesses they may call to present their case.
The remaining defendants face racketeering, conspiracy and mail fraud charges. None have been charged in connection with the deaths of outbreak victims.
The eight are Gene Svirskiy, Christopher Leary, Joseph Evanosky, Sharon Carter, Alla Stepanets, Gregory Conigliaro, Kathy Chin and Michelle Thomas.
Chin and NECC president Barry J. Cadden were convicted of racketeering and mail fraud charges in two separate trials. Both are now serving prison sentences. They were cleared of second degree murder charges.
All of the defendants were named in a 2014 indictment following a two year probe of the fungal meningitis outbreak which sickened 780 patients in more than 20 states. Seventy six of them died.
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NECC Defendant Pleads Guilty

By Walter F. Roche Jr.

One of the remaining defendants in the criminal case stemming from the 2012 fungal meningitis outbreak entered a guilty plea today to mail fraud charges.
Scott M. Connolly, who continued to work as a pharmacy technician even after he had surrendered his license, entered the plea before U.S. District Judge Richard G. Stearns in his Boston, Mass. courtroom.
Under a plea agreement with federal prosecutors, racketeering and conspiracy charges were dropped.
Stearns set a Dec. 19 date for sentencing.
Connolly was one of 14 people indicted in late 2014 following a two year probe of a deadly fungal meningitis outbreak that sickened 778 patients, killing 76 of them.
Eight other defendants are scheduled to go on trial in early October.
Three of the 14 have entered guilty pleas.
All of those indicted were employees of the now defunct New England Compounding Center or a sales affiliate. State and federal officials concluded that fungus laden steroids from NECC caused the outbreak.
Connolly worked for NECC for about two years ending 2012 when the company was shutdown in the aftermath of the outbreak. He worked in a room where sterile drugs were prepared. According to the indictment Connolly used co-defendant Barry Cadden's sign on to the company computer system so that there would be no record of his actual role.
Cadden, who was NECC's president and part owner is serving a nine year sentence at a federal prison in Pennsylvania. During Cadden's trial there was extensive testimony about concerns that regulators would discover that Connolly was working as a pharmacy technician even though he had surrendered his license in the midst of an unrelated investigation.
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Judge to Set Limits on NECC Trial

By Walter F. Roche Jr.

The upcoming trial of the remaining defendants in the case stemming from a deadly fungal meningitis outbreak will include time limits for both prosecutors and lawyers for the eight defendants.
In a six-page order issued this week in federal court in Boston, Mass. U.S. District Judge Richard G. Stearns told defense lawyers and prosecutors to submit proposals on those time limits.
Stearns took similar action during the trial of co-defendant Glenn A. Chin. That followed a marathon 10 week trial for Barry J. Cadden.
Cadden was president and Chin a supervising pharmacist at the New England Compounding Center. Both are now serving federal prison sentences.
The remaining eight defendants, who are scheduled to go on trial Oct. 2, were all connected to NECC or an affiliated sales company.
In his order Stearns cited prior rulings in which time limits were imposed and ultimately upheld.
"Although more common in civil cases," Stearns wrote,"time limits in a criminal trial is equally authorized."
He added that limits would have the beneficial effect of relieving jurors of the substantial burden of a drawn out trial.
His order calls for all the attorneys to submit proposed limits exclusive of time for cross examination.
He invited all parties to provide "ex parte under seal" any additional information that might help him in setting the limits such as lists of expected witnesses.
The order comes as defendant, Scott Connolly, another former NECC employee, has agreed to a plea deal under which he will plead guilty to mail fraud charges in return for prosecutors dropping racketeering and a related charge.
In a six-page statement of facts filed along with the plea agreement, Assistant U.S. Attorneys Amanda Strachan and George Varghese wrote that Connolly had worked as a pharmacy technician at NECC after he had surrendered his license as a result of an unrelated state Pharmacy Board investigation.
According to the statement Connolly signed on to the company's system using Barry Cadden's user name so that there would be no record of his presence in the clean room where sterile products were prepared.
Connolly, the filing states, prepared cardioplegia, a drug used in open heart surgeries that was shipped to hospitals in seven states ranging from Massachusetts to Florida and Nevada.
Others indicted in 2014 as a result of the deadly outbreak include Douglas Conigliaro and his wife Carla. They entered guilty pleas to reduced charges and were fined but got no jail time. Rob Ronzio, NECC's sales chief, also entered a guilty plea but has not been sentenced.
Cadden is serving a nine year sentence while Chin is serving an eight year term. They were both convicted on racketeering, conspiracy and mail fraud charges.
The outbreak sickened some 178 patients killing at least 76 of them. The steroids produced by NECC contained deadly fungi that caused fungal meningitis and other ailments.
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NECC Defendant Agrees to Plea Deal

By Walter F. Roche Jr.

One of the remaining defendants in the criminal case stemming from the deadly fungal meningitis outbreak has agreed to plead guilty to reduced charges, according to an agreement filed today in U.S. District Court in Boston, Mass.
The deal, if finalized, would avert the prospect of Scott Connolly having his own brother Joseph, testify against him.
Under the nine-page deal Scott Connolly agreed to plead guilty to three counts of mail fraud. Federal prosecutors under the proposal agreed to drop two other more serious charges including racketeering.
Connolly worked at the New England Compounding Center in one of the clean rooms where sterile drugs were being prepared. Those included a drug used to stop the hearts of patients undergoing open heart surgery.
Though Connolly worked as a pharmacy technician, he had voluntarily surrendered his technician's certificate while under investigation in an unrelated case.
NECC was the source of contaminated drugs that sickened some 778 patients across the country in 2012. Connolly was one of 14 indicted following a two year federal probe of the outbreak.
Connolly's brother Joseph was a key witness in the trials of two others indicted, Barry Cadden and Glenn Chin. Both are now serving federal prison sentences. Joseph Connolly's testimony included details of his brother's employment over a two year period ending in 2012 when NECC shut down.
Under Connolly's plea deal he could still face a prison sentence of up to 20 years. The agreement is also subject to approval by U.S. District Judge Richard G. Stearns.
The eight remaining defendants are scheduled to go on trial on Oct. 2.
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Judge OKs Subpoena in Criminal Case

By Walter F. Roche Jr.


A federal judge has approved an unusual request for a subpoena filed by the attorney for one of the remaining defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
The unusual request was filed in behalf of Joseph M. Evanosky, a former employee of the New England Compounding Center, the now defunct firm blamed for the 2012 fungal meningitis outbreak.
Under the request filed in U.S. District Court in Boston, Mass. Evanosky's lawyers asked that the details of the subpoena be kept secret and not disclosed to federal prosecutors, at least initially.
Under the approved agreement, Evanosky's lawyers will disclose the subpoena details to the U.S. Attorney only if they decide to use the subpoenaed information as part of Evanosky's defense.
Evanosky faces racketeering and conspiracy charges. A licensed pharmacist he worked in one of the two NECC clean rooms where sterile drugs were prepared.
Evanosky is one of nine remaining NECC defendants scheduled to go on trial Oct. 2 before U.S. District Judge Richard G. Stearns, They were among 14 indicted in 2014 following a lengthy probe of the outbreak that took the lived of at least 76 patients.
All were affiliated with NECC or a sister sales company. Two have been found guilty and are serving federal prison sentences following their conviction on racketeering and conspiracy charges.
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76 on Witness List for Final NECC Trial

By Walter F. Roche Jr.

Federal prosecutors have issued a list of 76 possible witnesses in the upcoming trial of the remaining defendants in a criminal case stemming from the deadly 2012 fungal meningitis outbreak.
The lengthy list filed in U.S. District Court in Boston, Mass. includes many of the witnesses who testified in the trials of the two main defendants, Barry J. Cadden and Glenn Chin. Both were connected to the New England Compounding Center, the company blamed for the outbreak. Both are now serving federal prison terms following their conviction on racketeering and mail fraud charges.
The list also gives strong indications that much of the evidence and testimony will parallel the path in the first two trials.
Many of the possible witnesses are employees of the U.S. Food and Drug Administration and the sister agency, the Centers for Disease Control and Prevention. Those were the agencies heading the investigation of the outbreak which sickened 778 patients, killing at least 76 of them.
Joseph Ridgley, a criminal investigator from the FDA and his colleague, Frank Lombardo, appeared and gave key testimony in the earlier trials.
FBI agent Philip Sliney is on the list along with an investigator from the U.S. Postal Service and the Veterans Administration.
Others on the list include officials of various state agencies involved in the outbreak investigation. Those include officials of the Massachusetts Pharmacy Board like Samuel Penta, whose agency licensed the New England Compounding Center.
As in the first two trials, the witness list includes representatives of the hospitals and health care facilities that purchased drugs from NECC. Dr. John Culclasure testified about the use of NECC steroids at the Saint Thomas Outpatient Neurosurgical Center in Nashville, Tenn. and the discovery that many of those patients became sick and more than a dozen died.
Culclasure's role remains unclear, since none of the nine remaining defendants are charged with murder. Chin and Cadden faced 25 counts of second degree murder, including several patients at Culclasure's Nashville clinic. Both were cleared of second degree murder racketeering charges.
Presiding U.S. District Judge Richard G. Stearns has ruled that prosecutors cannot use evidence and testimony about the deaths in the upcoming trial.
The witness list includes several former employees of NECC and a sister sales company, Medical Sales Management. Among them is Joseph Connelly, who gave key testimony in the earlier trials. Joseph Connelly is the brother of one of the nine defendants, Scott Connelly.
Scott Connelly also was an NECC employee and worked in one of the clean rooms where sterile drugs were prepared. Though he functioned as a pharmacy technician, Scott Connelly had previously surrendered his technician's certificate to Massachusetts officials in the midst on an investigation of his actions.
Other former NECC and MSM employees on the list include Cory Fletcher, Owen Finnegan, Mario Giamei and John Notarianni.
Ann Robinson, who gave critical prior testimony about repeated lapses in the preparation of NECC drugs, also is on the list.
Stearns, who also presided over the two earlier trials, has set an Oct. 2 starting date for the coming trial. Though Stearns set time limits on prosecutors and defense attorneys in the Chin case, he has not indicated if he will take similar steps in the coming trial.
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Outbreak Victims Seek to Intervene In Execution Case.

By Walter F. Roche Jr.

Five victims of the deadly 2012 fungal meningitis outbreak are petitioning to intervene before the Tennessee Supreme Court in a case seeking to block the scheduled execution of convicted killer Billy Ray Irick.
In a motion filed Friday by Nashville attorney J Gerard Stranch, the five victims warned that purchasing execution drugs from an unknown unlicensed compounding pharmacy could put the general public at risk.
Noting that it was a compounding pharmacy that produced the drugs that caused the deadly 2012 fungal meningitis, the filing warns that "Innocent lives are put at risk when compounding pharmacies are permitted to make execution drugs without oversight or scrutiny."
Charging that the unnamed compounder Tennessee has lined up to produce execution drugs "has a history of disciplinary infractions in his home state."
The five seeking to intervene are Rosanna Bennington of Minnesota, Francis Farmer Hayes, Nancy Riley-Dargan, Leah Hyman and Vicki Scott. Though none are from Tennessee, the brief notes that Tennessee was particularly hard hit in the outbreak with 16 patients dying..
The brief states that the proposed intervenors take no position on capital punishment, but do not want to see the mistakes of 2012 repeated.
"Compounding pharmacies have repeatedly been found to produce medicines of questionable quality," the filing continues, adding that the unlicensed supplier does not have a license to supply drugs over state lines and the pharmacist does not have approval to compound drugs for use in Tennessee.
The five charge that allowing the state to use the compounded drugs will effectively circumvent reforms implemented at the state and federal level as a result of the outbreak.
State officials have stated that the compounder providing the execution drugs has applied for a Tennessee license.
The case before the state Supreme Court seeks to reverse a decision by Davidson Chancery Court Judge Ellen Hobbs-Lyle who ruled the state could proceed with executions utilizing a three drug cocktail including midalozam and potassium chloride.
The five victims of the 2012 outbreak cited the numerous deaths, 76, and more than 750 patients who were sickened after fungus tainted steroids were injected into their bodies. The tainted spinal steroids were shipped from the now defunct New England Compounding Center. Two NECC officials, president and co-owner Barry Cadden and supervising pharmacist Glenn Chin, are now serving multi-year sentences for their roles in the outbreak.
Contact: wfrochejr999@gmail.com.

Irick is scheduled to be executed Thursday. He was convicted in the rape and murder of a seven-year-old girl.

CNN Documentary

FYI: The CNN documentary or whatever on the outbreak is airing Sunday night 9 p.m. on HLN.

Deadlines Set in NECC Criminal Case

By Walter F. Roche Jr.

With an Oct. 2 trial date approaching, a series of deadlines have been set for the trial of the nine remaining defendants in the criminal case stemming from a deadly 2012 fungal meningitis outbreak.
In an order issued yesterday, U.S. District Judge Richard G. Stearns sitting in Boston,Mass. reaffirmed the opening date for the trial of nine persons with affiliations to the now defunct New England Compounding Center, the company blamed for producing the steroids that sickened 778 patients, killing 76 of them.
The nine remaining defendants, however, have not been charged in any of those deaths but rather with conspiracy, racketeering, mail fraud and related charges in discharging their duties at the company that was located in Framingham, Mass., a Boston suburb.
In addition to the Stearns order, lawyers for the defendants and federal prosecutors themselves filed an agreed schedule for a series of disclosures leading up to the October trial date.
Prosecutors will provide their witness list by Aug.7 and a list of experts by Aug. 17. Defendants will provide their experts list by Sept. 17. Both will disclose exhibits by Aug. 24.
The remaining defendants are Michelle Thomas, Gregory Conigliaro, Kathy Chin, Sharon Carter, Alla Stepanets, Christopher Leary, Scott Connolly, Joseph Evanosky and Gene Svirskiy.
They held various positions at NECC including vice president, which was Conigliaro's title. He also was a part owner. Most were working as licensed pharmacists or pharmacist technicians. Scott Connolly was a pharmacy technician who had surrendered his license but continued in that role at NECC.
Gregory's brother, Douglas and his wife entered guilty pleas to reduced charges and avoided any jail time. Barry Cadden, who was NECC's president, is serving a nine year sentence following his conviction on racketeering, conspiracy and mail fraud charges while supervisory pharmacist Glenn Chin is serving an eight year sentence following his conviction on similar charges.
Both Cadden and Chin were cleared of second degree racketeering murder charges.
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