NECC Pharmacists Under Investigation

By Walter F. Roche Jr.

A Massachusetts regulatory board has formally opened complaint investigations against four defendants who were convicted late last year on charges ranging from racketeering to mail fraud, all stemming from a federal probe of the 2012 fungal meningitis outbreak.
According to a spokeswoman for the Board of Pharmacy, the panel voted at a meeting last week to initiate investigations against the four defendants who were found guilty following a more than two month trial in U.S. District Court in Boston, Mass.
"The complaints serve to initiate investigations in which the board will gather relevant documentation and evidence," the spokeswoman said.
Those being investigated are Gene Svirskiy, Christopher Leary, Alla Stepanets and Sharon Carter.
All were employed at the now defunct New England Compounding Center, the company blamed for the outbreak which took the lives of more than 100 patients among 800 who were sickened.
Leary, Svirskiy and Stepanets are licensed pharmacists, while Carter is a registered pharmacy technician.
The board voted to take no action against Joseph Evanosky, who was acquitted of all charges in the recent trial.
The board spokeswoman said that any disciplinary action, would require a vote by the full board and the agency would be required to comply with the provisions of the state Administrative Procedures Act. That statute requires that the licensees facing discipline must be notified and given an opportunity to respond.
A fifth NECC defendant who was found guilty, Gregory Conigliaro, is not a licensed pharmacist, but could face action by the regulatory board overseeing real estate agents. Conigliaro, a licensed real estate salesman, was vice president and part owner of NECC.
The five were among 14 indicted in 2014 following a two year probe of the fungal meningitis outbreak.
Barry J. Cadden and Glenn Chin, both licensed pharmacists surrendered their licenses before they were indicted. Both are now serving jail terms following their conviction on racketeering and mail fraud charges.
Cadden was president and part owner of NECC while Chin was a supervising pharmacist.
During the recent trial lawyers for the defendants repeatedly cited the fact that their clients had retained their licenses despite the outbreak but testimony showed that the state pharmacy board delayed action at the request of federal prosecutors.
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