By Walter F. Roche Jr.
Victims of the 2012 fungal meningitis outbreak have till Wednesday to contact federal prison officials if they have any objections to one of the outbreak defendants getting an early release from confinement.
The victims were notified by the federal Bureau of Prisons that Gene Svirskiy is seeking an early "compassionate" release from the federal prison in Ayer, Mass., where he is serving a 2.5 year sentence.
Svirskiy, a former employee of the New England Compounding Center, was convicted of racketeering, conspiracy and mail fraud. He was one of 14 persons affiliated with NECC who were indicted in late 2014 following a two year probe of the outbreak.
According to U.S. Justice Department officials over 100 patients have died following their injection with contaminated drugs produced by NECC. Over 700 patients were sickened by NECC drugs.
Svirskiy has made several attempts to gain an early prison release, citing an outbreak of Covid-19 at the prison where he is being confined. A request filed in U.S. District Court in Boston was turned down by U.S. District Judge Richard G. Stearns.
Svirskiy's currently scheduled release date is Aug. 26, 2021. If he is granted an early release he would serve the remainder of his sentence under home confinement.
According to the notice sent to victims Svirskiy subsequently petitioned the federal Bureau of Prisons to grant him a release.
Victims opposing or supporting the early release should send letters to:
Federal Bureau of Prisons
BOP - FMC Devens
42 Patton Road
Devens, MA 01432
RE: GENE SVIRSKIY #96516-038
Saturday, August 29, 2020
Wednesday, August 26, 2020
Ronzio Hearing Set for April 2021
By Walter F. Roche Jr.
A federal judge has set an April 6, 2021 date for the sentencing of a key prosecution witness in the trials of some 13 defendants who were indicted in the wake of a deadly fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns set the date just a day after the lawyer for Robert Ronzio joined with federal prosecutors in requesting an indefinite delay in the sentencing. Stearns order setting the 2021 date came only after an earlier erroneous order was withdrawn.
Earlier Wednesday an order was docketed setting an April 2020 date for sentencing. Ronzio was head of sales for the New England Compounding Center, the company that shipped thousands of contaminated vials of methylprednisolone acetate to health providers across the country.
He was one of 14 indicted following a two year criminal probe of the deadly outbreak.
Federal prosecutors say more than 100 patients died after being injected with fungus infested NECC drugs. Over 700 other patients were sickened.
In a plea deal with federal prosecutors Ronzio entered a guilty plea to a single count of conspiring to defraud the federal government.
Ronzio's lawyer and federal prosecutors sought the sentencing delay because two closely related cases are on appeal to the First Circuit Court of Appeals and are not scheduled for oral arguments till the coming Fall. They asked for the sentencing to be delayed until after the appeals court rules.
In the case before the appeals panel, federal prosecutors are appealing a decision by Stearns to acquit co-defendants Gregory Conigliaro and Sharon Carter of the same charge that Ronzio admitted to.
Contact:wfrochejr999@gmail.com
A federal judge has set an April 6, 2021 date for the sentencing of a key prosecution witness in the trials of some 13 defendants who were indicted in the wake of a deadly fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns set the date just a day after the lawyer for Robert Ronzio joined with federal prosecutors in requesting an indefinite delay in the sentencing. Stearns order setting the 2021 date came only after an earlier erroneous order was withdrawn.
Earlier Wednesday an order was docketed setting an April 2020 date for sentencing. Ronzio was head of sales for the New England Compounding Center, the company that shipped thousands of contaminated vials of methylprednisolone acetate to health providers across the country.
He was one of 14 indicted following a two year criminal probe of the deadly outbreak.
Federal prosecutors say more than 100 patients died after being injected with fungus infested NECC drugs. Over 700 other patients were sickened.
In a plea deal with federal prosecutors Ronzio entered a guilty plea to a single count of conspiring to defraud the federal government.
Ronzio's lawyer and federal prosecutors sought the sentencing delay because two closely related cases are on appeal to the First Circuit Court of Appeals and are not scheduled for oral arguments till the coming Fall. They asked for the sentencing to be delayed until after the appeals court rules.
In the case before the appeals panel, federal prosecutors are appealing a decision by Stearns to acquit co-defendants Gregory Conigliaro and Sharon Carter of the same charge that Ronzio admitted to.
Contact:wfrochejr999@gmail.com
Tuesday, August 25, 2020
Another Ronzio Sentencing Delay Requested
By Walter F. Roche Jr.
The sentencing of a key government witness in the criminal case stemming from a deadly fungal meningitis outbreak is likely to be delayed yet again under a joint motion filed by federal prosecutors and the witness's lawyer.
In a three-page motion filed today in U.S. District Court in Boston, the lawyer for Robert Ronzio and Assistant U.S. Attorney Amanda Strachan asked that the sentencing now scheduled for Nov. 3 be postponed indefinitely.
Ronzio's sentencing already has been postponed a half dozen times. He pleaded guilty to a single count of conspiring to defraud the federal government. He provided key prosecution testimony in multiple trials of defendants who were associated with the New England Compounding Center.
Ronzio was head of sales at NECC, the company blamed for the outbreak.
In the latest postponement motion federal prosecutors and Peter Hortsman, Ronzio's lawyer, asked that the sentencing be postponed until a pending appeal is resolved. In that appeal the prosecutors are asking the First Circuit Court of Appeals to overturn the acquittal of two of Ronzio's alleged co-conspirators, Gregory Conigiliaro and Sharon Carter.
U.S. District Judge Richard G. Stearns acquitted the two last year thus reversing guilty verdicts returned by a jury in late 2018.
Conigliaro was a vice president and part owner of NECC while Carter was director of operations. They were among 14 indicted in 2014 following a two year investigation of the deadly outbreak caused by contaminated NECC drugs.
Contact: wfrochejr999@gmail.com , who testified in multiple trials as a government witness,
The sentencing of a key government witness in the criminal case stemming from a deadly fungal meningitis outbreak is likely to be delayed yet again under a joint motion filed by federal prosecutors and the witness's lawyer.
In a three-page motion filed today in U.S. District Court in Boston, the lawyer for Robert Ronzio and Assistant U.S. Attorney Amanda Strachan asked that the sentencing now scheduled for Nov. 3 be postponed indefinitely.
Ronzio's sentencing already has been postponed a half dozen times. He pleaded guilty to a single count of conspiring to defraud the federal government. He provided key prosecution testimony in multiple trials of defendants who were associated with the New England Compounding Center.
Ronzio was head of sales at NECC, the company blamed for the outbreak.
In the latest postponement motion federal prosecutors and Peter Hortsman, Ronzio's lawyer, asked that the sentencing be postponed until a pending appeal is resolved. In that appeal the prosecutors are asking the First Circuit Court of Appeals to overturn the acquittal of two of Ronzio's alleged co-conspirators, Gregory Conigiliaro and Sharon Carter.
U.S. District Judge Richard G. Stearns acquitted the two last year thus reversing guilty verdicts returned by a jury in late 2018.
Conigliaro was a vice president and part owner of NECC while Carter was director of operations. They were among 14 indicted in 2014 following a two year investigation of the deadly outbreak caused by contaminated NECC drugs.
Contact: wfrochejr999@gmail.com , who testified in multiple trials as a government witness,
Thursday, August 20, 2020
Svirskiy Renews Release Request
By Walter F. Roche Jr.
A former pharmacist at a now defunct Massachusetts drug compounding firm has renewed his plea for a "compassionate release" from a federal prison where several cases of Covid-19 have been reported.
According to the federal Bureau of Prisons Gene Svirskiy, 39, has again asked to be released from the federal prison at Fort Devens, Mass. where he is serving a 2.5 year term following his conviction on racketeering, conspiracy and mail fraud charges.
Svirskiy has remained at the prison despite several prior pleas for release filed with the Bureau of Prisons and in U.S. District Court.
In his prior petitions, Svirskiy has asked that he be released to serve the remainder of his sentence under home confinement.
Svirskiy worked at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. He was one of 14 with ties to NECC indicted in 2014 following a two year probe of the outbreak.
In his petitions Svirskiy has cited the number of Covid-19 cases at Fort Devens. Federal prosecutors countered by pointing out that Svirskiy was not in the main prison where the cases were reported, but at an adjoining prison camp which had no Covid-19 cases.
According to the BOP web site there are currently no active Covid-19 cases at Fort Devens among inmates. There are two active cases among employees at the facility.
At one point BOP officials informed victims that Svirskiy's release was imminent, but that decision was eventually reversed.
In the notice to victims of the outbreak, the warden at Fort Devens said those wishing to comment on Svirskiy's latest petition face a Sept. 2 deadline. His scheduled release date is Aug. 26, 2021.
Contact: wfrochejr999@gmail.com
A former pharmacist at a now defunct Massachusetts drug compounding firm has renewed his plea for a "compassionate release" from a federal prison where several cases of Covid-19 have been reported.
According to the federal Bureau of Prisons Gene Svirskiy, 39, has again asked to be released from the federal prison at Fort Devens, Mass. where he is serving a 2.5 year term following his conviction on racketeering, conspiracy and mail fraud charges.
Svirskiy has remained at the prison despite several prior pleas for release filed with the Bureau of Prisons and in U.S. District Court.
In his prior petitions, Svirskiy has asked that he be released to serve the remainder of his sentence under home confinement.
Svirskiy worked at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. He was one of 14 with ties to NECC indicted in 2014 following a two year probe of the outbreak.
In his petitions Svirskiy has cited the number of Covid-19 cases at Fort Devens. Federal prosecutors countered by pointing out that Svirskiy was not in the main prison where the cases were reported, but at an adjoining prison camp which had no Covid-19 cases.
According to the BOP web site there are currently no active Covid-19 cases at Fort Devens among inmates. There are two active cases among employees at the facility.
At one point BOP officials informed victims that Svirskiy's release was imminent, but that decision was eventually reversed.
In the notice to victims of the outbreak, the warden at Fort Devens said those wishing to comment on Svirskiy's latest petition face a Sept. 2 deadline. His scheduled release date is Aug. 26, 2021.
Contact: wfrochejr999@gmail.com
Outbreak Victims Pleased with Ruling
By Walter F. Roche Jr.
Victims of the 2012 fungal meningitis outbreak say they are pleased at the decision of a Michigan district court judge to put two former pharmacists on trial for 11 counts of second degree murder.
"I am very pleased with this outcome," said Peggy Nuerenberg, whose mother, Mary Plettl died in the outbreak.
Livingston County District Court Judge Shauna Murphy ruled Wednesday that there was sufficient evidence presented in the preliminary examination to send the case against Glenn Chin and Barry Cadden to circuit court for trial. The two are charged with 11 counts of second degree murder in the deaths of 11 Livingston County residents.
Cadden was president and part owner of the New England Compounding Center, the company that shipped thousands of vials of contaminated methylprednisolone acetate to Michigan and dozens of other states.
Chin, who worked directly under Cadden, was the supervising pharmacist in the clean room where the fungus laden steroid were produced.
Though Nuerenberg said she is looking forward to the trial, she said she was concerned that it might take place in a closed courtroom due to the pandemic. Wednesday's session before Murphy was closed to the public although it was livestreamed on You-tube.
"I am concerned about how this trial will proceed. I don't want any part of it to take place virtually," Nuerenberg added.
Donna Borton, whose husband was strickened after being injected with an NECC steroid, said she was looking forward to the trial.
"Now, not only the 11 victims named in the charges, but all victims get a second chance at seeing justice prevail. This was a long time coming," Borton said.
The Bortons and Nuerenberg were among those who attended preliminary examination hearings in Murphy's courtroom. That was before the Covid-19 pandemic which closed Michigan court sessions to the public.
The case is being prosecuted by Michigan Attorney General Dana Nessel.
“Putting profits ahead of concern for patient safety can have disastrous and tragic results,” Nessel said in a statement issued today. “We look forward to the next step in the pursuit of justice for these victims and their families.”
Cadden and Chin already have been convicted on federal racketeering, mail fraud and conspiracy charges and had already been sentenced to nine year and eight year sentences respectively, when the second degree murder charges were filed by former Michigan District Attorney Bill Schuette.
Contact: wfrochejr999@gmail.com
Victims of the 2012 fungal meningitis outbreak say they are pleased at the decision of a Michigan district court judge to put two former pharmacists on trial for 11 counts of second degree murder.
"I am very pleased with this outcome," said Peggy Nuerenberg, whose mother, Mary Plettl died in the outbreak.
Livingston County District Court Judge Shauna Murphy ruled Wednesday that there was sufficient evidence presented in the preliminary examination to send the case against Glenn Chin and Barry Cadden to circuit court for trial. The two are charged with 11 counts of second degree murder in the deaths of 11 Livingston County residents.
Cadden was president and part owner of the New England Compounding Center, the company that shipped thousands of vials of contaminated methylprednisolone acetate to Michigan and dozens of other states.
Chin, who worked directly under Cadden, was the supervising pharmacist in the clean room where the fungus laden steroid were produced.
Though Nuerenberg said she is looking forward to the trial, she said she was concerned that it might take place in a closed courtroom due to the pandemic. Wednesday's session before Murphy was closed to the public although it was livestreamed on You-tube.
"I am concerned about how this trial will proceed. I don't want any part of it to take place virtually," Nuerenberg added.
Donna Borton, whose husband was strickened after being injected with an NECC steroid, said she was looking forward to the trial.
"Now, not only the 11 victims named in the charges, but all victims get a second chance at seeing justice prevail. This was a long time coming," Borton said.
The Bortons and Nuerenberg were among those who attended preliminary examination hearings in Murphy's courtroom. That was before the Covid-19 pandemic which closed Michigan court sessions to the public.
The case is being prosecuted by Michigan Attorney General Dana Nessel.
“Putting profits ahead of concern for patient safety can have disastrous and tragic results,” Nessel said in a statement issued today. “We look forward to the next step in the pursuit of justice for these victims and their families.”
Cadden and Chin already have been convicted on federal racketeering, mail fraud and conspiracy charges and had already been sentenced to nine year and eight year sentences respectively, when the second degree murder charges were filed by former Michigan District Attorney Bill Schuette.
Contact: wfrochejr999@gmail.com
Wednesday, August 19, 2020
Cadden/Chin Bound Over on 2nd Degree Murder Charges
By Walter F. Roche Jr.
A Michigan judge today ordered two former Massachusetts pharmacists to face trial on 11 counts of second degree murder concluding that the evidence showed they were responsible for producing contaminated drugs that caused the deaths.
Judge Shauna Murphy concluded that the eleven died as a result of the deadly 2012 fungal meningitis outbreak caused by drugs produced by the New England Compounding Center where Barry Cadden and Glenn Chin, the two defendants, worked.
Murphy found probable cause to believe the two were responsible for the deaths of the 11 victims who died after being injected with methylprednisolone acetate contaminated with a deadly fungus.
Citing the testimony and evidence produced during a series of hearings in her court, Murphy concluded that the two defendants, by virtue of their positions, were well aware of the legal consequences of shipping contaminated drugs.
They "knowingly sealed the fate of the 11 victims," Murphy said,noting that all 11 suffered painful deaths.
Victim by victim, she detailed how they were injected with the contaminated drugs, became sickened and died. She cited autopsy results in each of the cases and the conclusion that contaminated steroids caused their painful deaths.
She noted that Cadden as president and part owner of NECC was directly in charge of the clean room where Chin was the supervisor and the one who actually compounded the drugs.
Cadden and Chin, both dressed in orange jump suits, were present for the hearing which was closed to the public because of Covid-19 pandemic. They are being held at the Livingston County Jail.
Lawyers for the two defendants made brief presentations with Gerald Gleeson appearing for Cadden and James Buttrey for Chin. Assitant Attorney Gregory Townsend acted as prosecutor. The hour long session was livestreamed on You Tube.
Gleeson argued that the Michigan charges amounted to double jeopardy because both Chin and Cadden were cleared of second degree murder charges in federal court in Boston.
There was no evidence that Cadden was involved in producing the tainted drugs, he said, adding that the prosecution failed to show his client acted with malice.
Buttrey, ackowledged the "enormity of the devastation" caused by the outbreak but argued that the evidence did not support the charges.
"Does Glenn Chin bear moral responsibility? The answer is yes" Buttrey said, adding that there was zero evidence that Chin was criminally liable.
Townsend, in rebuttal, said there was overwhelming evidence" of Cadden and Chin's culpability.
Murphy, who read from her lengthy decision, cited the fact that both Chin and Cadden were licensed pharmacists and were required to follow national standards for drug compounding set by the U.S. Pharmacopeia. The evidence, she said, "clearly showed" Chin did not comply with the standard.
Both Cadden and Chin were convicted in federal court in Boston on racketeering, conspiracy and mail fraud charges. Cadden was given a nine year sentence while Chin was given an eight year sentence. Two separate juries declined to convict them on second degree rackteering murder charges.
Though Gleeson argued that his client was facing double jeopardy with the Michigan charges, Murphy pointedly disagreed stating the the federal case involved second degree murder as a contributing or predicate act to racketeering. In addition she cited a ruling giving the state sovereignty to bring its own charges in such cases.
Under her order the cases will be sent to Livingston Circuit Court for trial.
The 11 victims are Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karina Baxter.
Contact: wfrochejr999@gmail.com
A Michigan judge today ordered two former Massachusetts pharmacists to face trial on 11 counts of second degree murder concluding that the evidence showed they were responsible for producing contaminated drugs that caused the deaths.
Judge Shauna Murphy concluded that the eleven died as a result of the deadly 2012 fungal meningitis outbreak caused by drugs produced by the New England Compounding Center where Barry Cadden and Glenn Chin, the two defendants, worked.
Murphy found probable cause to believe the two were responsible for the deaths of the 11 victims who died after being injected with methylprednisolone acetate contaminated with a deadly fungus.
Citing the testimony and evidence produced during a series of hearings in her court, Murphy concluded that the two defendants, by virtue of their positions, were well aware of the legal consequences of shipping contaminated drugs.
They "knowingly sealed the fate of the 11 victims," Murphy said,noting that all 11 suffered painful deaths.
Victim by victim, she detailed how they were injected with the contaminated drugs, became sickened and died. She cited autopsy results in each of the cases and the conclusion that contaminated steroids caused their painful deaths.
She noted that Cadden as president and part owner of NECC was directly in charge of the clean room where Chin was the supervisor and the one who actually compounded the drugs.
Cadden and Chin, both dressed in orange jump suits, were present for the hearing which was closed to the public because of Covid-19 pandemic. They are being held at the Livingston County Jail.
Lawyers for the two defendants made brief presentations with Gerald Gleeson appearing for Cadden and James Buttrey for Chin. Assitant Attorney Gregory Townsend acted as prosecutor. The hour long session was livestreamed on You Tube.
Gleeson argued that the Michigan charges amounted to double jeopardy because both Chin and Cadden were cleared of second degree murder charges in federal court in Boston.
There was no evidence that Cadden was involved in producing the tainted drugs, he said, adding that the prosecution failed to show his client acted with malice.
Buttrey, ackowledged the "enormity of the devastation" caused by the outbreak but argued that the evidence did not support the charges.
"Does Glenn Chin bear moral responsibility? The answer is yes" Buttrey said, adding that there was zero evidence that Chin was criminally liable.
Townsend, in rebuttal, said there was overwhelming evidence" of Cadden and Chin's culpability.
Murphy, who read from her lengthy decision, cited the fact that both Chin and Cadden were licensed pharmacists and were required to follow national standards for drug compounding set by the U.S. Pharmacopeia. The evidence, she said, "clearly showed" Chin did not comply with the standard.
Both Cadden and Chin were convicted in federal court in Boston on racketeering, conspiracy and mail fraud charges. Cadden was given a nine year sentence while Chin was given an eight year sentence. Two separate juries declined to convict them on second degree rackteering murder charges.
Though Gleeson argued that his client was facing double jeopardy with the Michigan charges, Murphy pointedly disagreed stating the the federal case involved second degree murder as a contributing or predicate act to racketeering. In addition she cited a ruling giving the state sovereignty to bring its own charges in such cases.
Under her order the cases will be sent to Livingston Circuit Court for trial.
The 11 victims are Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karina Baxter.
Contact: wfrochejr999@gmail.com
Tuesday, August 18, 2020
Cadden/Chin Hearing Today in Howell, MI
To view todays's session which begins at 1:30 p.m.,go to www.livgov.com. Once in there, go to the little spy glass on the right hand side and type in Covid-19 emergency and hit “go”, it will bring up Covid-19 Emergency Court Information. Once in there, scroll all the way to the bottom of that page where you will find links to every courtroom. Click on Hon. Shauna Murphy. Contact: wfrochejr999@gmail.com
Wednesday, August 12, 2020
Study: Outbreak Victims Suffer Long Term Effects
By Walter F. Roche Jr.
A federally financed study of victims of a 2012 fungal meningitis outbreak has found that even months after the outbreak those victims who survived are facing long term after effects with some unable to perform basic daily activities.
The study, which was underwritten by the U.S. Centers for Disease Control and Prevention, followed some 440 victims of the outbreak which was caused by fungus laden steroids produced by a now defunct Massachusetts drug compounding firm.
The study followed the diagnosis and treatment of victims from several states including 24 from New Jersey 18 from Indiana, 11 from Tennessee and 10 from Michigan.
The study was published in the Open Forum Infectious Diseases.
At 12 months 68 percent of the study patients with a spinal or paraspinal infection had "persistent or worsening pain," the report states.
Of the 440 in the study group 123 has both a spinal/para spinal infection and meningitis. Ten had died and 72 per cent said pain persisted.
In addition to the effects of the original infection, the study found that the majority of patients treated with antifungal drugs, amphotericin and vorinconazole, suffered adverse effects including hallucinations, blurry vision and general fuzziness in the head.
Of those in the study group 51 per cent or 223 had spinal infections while 82 patients had suffered fungal meningitis or a stroke. A total of 123 patients had suffered both a spinal infection and meningitis.
Persistent pain and disability were seen at 12 months for most patients with spinal/para spinal infections, the study found.
Women comprised 58 per cent of the study group and the median age was 65. Six months after the outbreak 10 patients in the study group were suffering cognitive disfunctions.
"A surprising number of patients complained of feelings of fogginess and slowness in carrying out their day to day activities," the study states.
Some needed assistance to walk or had slurred speech up to 12 months after the outbreak and at the one year mark 64 patients continued to have unchanged or worsening pain.
A total of 117 patients had arachnoiditis, an inflammation of a membrane in the spinal column.
"Many patients with arachnoiditis had both epidural and intradural infection as well as involvement of para spinal infections," the report states.
"Arachnoiditis proved to be exceptionally difficult to treat," the report states.
The study found seven patients suffered relapses and four of the seven had initially contracted fungal meningitis.
The overall mortality rate was 8 per cent, but those suffering fungal meningitis were 8 times more likely to die than those with a spinal/para spinal infection.
But the study found that many of those with a spinal/para spinal infection "had persistent pain and inability to perform activities of daily living for at least 12 months."
Contact: wfrochejr999@gmail.com
A federally financed study of victims of a 2012 fungal meningitis outbreak has found that even months after the outbreak those victims who survived are facing long term after effects with some unable to perform basic daily activities.
The study, which was underwritten by the U.S. Centers for Disease Control and Prevention, followed some 440 victims of the outbreak which was caused by fungus laden steroids produced by a now defunct Massachusetts drug compounding firm.
The study followed the diagnosis and treatment of victims from several states including 24 from New Jersey 18 from Indiana, 11 from Tennessee and 10 from Michigan.
The study was published in the Open Forum Infectious Diseases.
At 12 months 68 percent of the study patients with a spinal or paraspinal infection had "persistent or worsening pain," the report states.
Of the 440 in the study group 123 has both a spinal/para spinal infection and meningitis. Ten had died and 72 per cent said pain persisted.
In addition to the effects of the original infection, the study found that the majority of patients treated with antifungal drugs, amphotericin and vorinconazole, suffered adverse effects including hallucinations, blurry vision and general fuzziness in the head.
Of those in the study group 51 per cent or 223 had spinal infections while 82 patients had suffered fungal meningitis or a stroke. A total of 123 patients had suffered both a spinal infection and meningitis.
Persistent pain and disability were seen at 12 months for most patients with spinal/para spinal infections, the study found.
Women comprised 58 per cent of the study group and the median age was 65. Six months after the outbreak 10 patients in the study group were suffering cognitive disfunctions.
"A surprising number of patients complained of feelings of fogginess and slowness in carrying out their day to day activities," the study states.
Some needed assistance to walk or had slurred speech up to 12 months after the outbreak and at the one year mark 64 patients continued to have unchanged or worsening pain.
A total of 117 patients had arachnoiditis, an inflammation of a membrane in the spinal column.
"Many patients with arachnoiditis had both epidural and intradural infection as well as involvement of para spinal infections," the report states.
"Arachnoiditis proved to be exceptionally difficult to treat," the report states.
The study found seven patients suffered relapses and four of the seven had initially contracted fungal meningitis.
The overall mortality rate was 8 per cent, but those suffering fungal meningitis were 8 times more likely to die than those with a spinal/para spinal infection.
But the study found that many of those with a spinal/para spinal infection "had persistent pain and inability to perform activities of daily living for at least 12 months."
Contact: wfrochejr999@gmail.com
Sunday, August 9, 2020
Cadden, Chin Face Key Session
By Walter F. Roche Jr.
State prosecutors and lawyers for two former pharmacists will face off in a nearly empty courtroom next week as they make a final attempt to sway a Michigan judge on how to deal with 11 second degree murder charges.
Judge Shauna Murphy has indicated she may rule immediately on whether Barry Cadden and Glenn Chin should be bound over for trial on 11 counts of second degree murder.
Cadden and Chin have been charged with causing the death of 11 Michigan residents who were sickened after being injected with contaminated steroids shipped from the Massachusetts company where Cadden and Chin worked.
Due to the current pandemic the public will be unable to attend the hearing, but they can watch the proceedings on facebook. No more than 10 persons can be in the courtroom at the same time.
Peggy Nuerenberg, whose mother Mary Plettl died in the 2012 outbreak, said she was not disapointed about being unable to witness the Aug. 19 session. She did attend some of the previous pre-trial sessions.
She said that as things turned out Cadden and Chin ended up spending more time in the Livingston County Jail than in federal prisons in Pennsylvania.
"For me I find a great deal of satisfaction in this since the county jail is a much more barren and uncomfortable place than the federal prison," Nuerenberg wrote in an email. She said she is quite confident the two will be bound over for trial.
Cadden and Chin, who are being held in the Livingston County Jail in Howell, will be in attendance along with their lawyers; James D. Buttrey for Chin and Gerald J. Gleeson for Cadden. Prosecuting the case is Assistant Attorney General Gregory Townsend.
Cadden and Chin already have been convicted on federal racketeering and conspiracy and fraud chargse but two separate juries declined to convict them on second degree murder charges. Cadden is serving a nine year federal sentence while Chin is serving an eight year term. If convicted on the Michgan charges the two are likely to spend the rest of their lives in jail.
In recent filings in the case, Cadden and Chin's lawyers have argued that the charges should be dismissed because prosecutors have failed to show how the 11 victims died. They also contend that prosecutors failed to show that their clients acted with malice.
The prosecution has argued that the evidence presented ths far established that there was probable cause to believe the two committed second degree murder.
The 11 victims are Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Pettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karina Baxter.
To view the Aug. 19 session which begins at 1:30 p.m.,go to www.livgov.com. Once in there, go to the little spy glass on the right hand side and type in Covid-19 emergency and hit “go”, it will bring up Covid-19 Emergency Court Information. Once in there, scroll all the way to the bottom of that page where you will find links to every courtroom. Click on Hon. Shauna Murphy. Contact: wfrochejr999@gmail.com
State prosecutors and lawyers for two former pharmacists will face off in a nearly empty courtroom next week as they make a final attempt to sway a Michigan judge on how to deal with 11 second degree murder charges.
Judge Shauna Murphy has indicated she may rule immediately on whether Barry Cadden and Glenn Chin should be bound over for trial on 11 counts of second degree murder.
Cadden and Chin have been charged with causing the death of 11 Michigan residents who were sickened after being injected with contaminated steroids shipped from the Massachusetts company where Cadden and Chin worked.
Due to the current pandemic the public will be unable to attend the hearing, but they can watch the proceedings on facebook. No more than 10 persons can be in the courtroom at the same time.
Peggy Nuerenberg, whose mother Mary Plettl died in the 2012 outbreak, said she was not disapointed about being unable to witness the Aug. 19 session. She did attend some of the previous pre-trial sessions.
She said that as things turned out Cadden and Chin ended up spending more time in the Livingston County Jail than in federal prisons in Pennsylvania.
"For me I find a great deal of satisfaction in this since the county jail is a much more barren and uncomfortable place than the federal prison," Nuerenberg wrote in an email. She said she is quite confident the two will be bound over for trial.
Cadden and Chin, who are being held in the Livingston County Jail in Howell, will be in attendance along with their lawyers; James D. Buttrey for Chin and Gerald J. Gleeson for Cadden. Prosecuting the case is Assistant Attorney General Gregory Townsend.
Cadden and Chin already have been convicted on federal racketeering and conspiracy and fraud chargse but two separate juries declined to convict them on second degree murder charges. Cadden is serving a nine year federal sentence while Chin is serving an eight year term. If convicted on the Michgan charges the two are likely to spend the rest of their lives in jail.
In recent filings in the case, Cadden and Chin's lawyers have argued that the charges should be dismissed because prosecutors have failed to show how the 11 victims died. They also contend that prosecutors failed to show that their clients acted with malice.
The prosecution has argued that the evidence presented ths far established that there was probable cause to believe the two committed second degree murder.
The 11 victims are Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Pettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karina Baxter.
To view the Aug. 19 session which begins at 1:30 p.m.,go to www.livgov.com. Once in there, go to the little spy glass on the right hand side and type in Covid-19 emergency and hit “go”, it will bring up Covid-19 Emergency Court Information. Once in there, scroll all the way to the bottom of that page where you will find links to every courtroom. Click on Hon. Shauna Murphy. Contact: wfrochejr999@gmail.com
Thursday, August 6, 2020
Judge Approves Chin Lawyer Shift
By Walter F. Roche Jr.
A federal judge has given swift approval to a request by a former pharmacist to have a different lawyer represent him in upcoming hearings where his eight year prison sentence could be increased.
U.S. District Judge Richard G. Stearns approved the request from Glenn Chin today.
Chin, who was convicted of rackeering, conspiracy and mail fraud charges had written to Stearns asking that James L. Sultan represent him in the upcoming proceedings rather than Stephen Weymouth, who represented Chin during his 2017 trial.
The upcoming hearings were ordered by a three judge panel from the First Circuit Court of Appeals which found that errors by Stearns during the trial necessitated a remand to determine if Chin and co-defendant Barry J. Cadden should have additional penalties imposed.
Cadden and Chin were connected to the New England Compounding Center, the company blamed for a deadly 2012 outbreak of fungal meningitis.
Cadden, who was president and part owner of NECC, is serving a nine year sentence following his conviction on similar charges.
Conact: wfrochejr999@gmail.com
A federal judge has given swift approval to a request by a former pharmacist to have a different lawyer represent him in upcoming hearings where his eight year prison sentence could be increased.
U.S. District Judge Richard G. Stearns approved the request from Glenn Chin today.
Chin, who was convicted of rackeering, conspiracy and mail fraud charges had written to Stearns asking that James L. Sultan represent him in the upcoming proceedings rather than Stephen Weymouth, who represented Chin during his 2017 trial.
The upcoming hearings were ordered by a three judge panel from the First Circuit Court of Appeals which found that errors by Stearns during the trial necessitated a remand to determine if Chin and co-defendant Barry J. Cadden should have additional penalties imposed.
Cadden and Chin were connected to the New England Compounding Center, the company blamed for a deadly 2012 outbreak of fungal meningitis.
Cadden, who was president and part owner of NECC, is serving a nine year sentence following his conviction on similar charges.
Conact: wfrochejr999@gmail.com
Wednesday, August 5, 2020
Chin Seeks Lawyer Switch
By Walter F. Roche Jr.
One of the primary defendants in the criminal probe of a deadly fungal meningitis outbreak has written to the federal judge who presided over his trial asking him to appoint a different lawyer to represent him in upcoming hearings.
Glenn Chin, who was a supervising pharmacist at the New England Compounding Center, wrote to U.S. District Court Judge Richard G. Stearns asking him to appoint James Sultan, a Massachusetts lawyer, to represent him during hearings to determine whether further penalties should be imposed.
In the one-page letter Chin noted that normally the same lawyer who represented him during the original trial would also serve as his attorney during a so-called remand. Chin's lawyer in the original trial was Stephen Weymouth.
But Chin wrote that Sultan, who has been handling his appeal, was more familiar with the remand issues and would be better suited to represent him. He added that he had consulted with Sultan and the lawyer had agreed to take on the remand matters.
The remand to determine if further penalties should be imposed on Chin and co-defendant Barry Cadden, was ordered by a three judge appeals court panel.
Chin was convicted on chaarges of racketeering, conspiracy and mail fraud. Stearns sentenced him to eight years in prison.
The appeals court found that Stearns erred when he failed to consider that the patients who were sickened by NECC's fungus laden drugs were vulnerable victims. They sent the case back to Stearns with instuctions to reconsider the penalties based on their findings.
As a result Chin could face a longer sentence and an additional forfeiture order. Chin wrote the letter from the Livingston County Prison in Howell, Mich. where he and Cadden are awaiting trial on second degree murder charges brought by the state Attorney General. The two are charged in the deaths of 11 patients who died after being treated with contaminated drugs produced by NECC. Cadden was president and part owner of NECC. Chin was the supervising pharmacist in the clean room where the contaminated drugs were produced.
Contact: wfrochejr999@gmail.com
One of the primary defendants in the criminal probe of a deadly fungal meningitis outbreak has written to the federal judge who presided over his trial asking him to appoint a different lawyer to represent him in upcoming hearings.
Glenn Chin, who was a supervising pharmacist at the New England Compounding Center, wrote to U.S. District Court Judge Richard G. Stearns asking him to appoint James Sultan, a Massachusetts lawyer, to represent him during hearings to determine whether further penalties should be imposed.
In the one-page letter Chin noted that normally the same lawyer who represented him during the original trial would also serve as his attorney during a so-called remand. Chin's lawyer in the original trial was Stephen Weymouth.
But Chin wrote that Sultan, who has been handling his appeal, was more familiar with the remand issues and would be better suited to represent him. He added that he had consulted with Sultan and the lawyer had agreed to take on the remand matters.
The remand to determine if further penalties should be imposed on Chin and co-defendant Barry Cadden, was ordered by a three judge appeals court panel.
Chin was convicted on chaarges of racketeering, conspiracy and mail fraud. Stearns sentenced him to eight years in prison.
The appeals court found that Stearns erred when he failed to consider that the patients who were sickened by NECC's fungus laden drugs were vulnerable victims. They sent the case back to Stearns with instuctions to reconsider the penalties based on their findings.
As a result Chin could face a longer sentence and an additional forfeiture order. Chin wrote the letter from the Livingston County Prison in Howell, Mich. where he and Cadden are awaiting trial on second degree murder charges brought by the state Attorney General. The two are charged in the deaths of 11 patients who died after being treated with contaminated drugs produced by NECC. Cadden was president and part owner of NECC. Chin was the supervising pharmacist in the clean room where the contaminated drugs were produced.
Contact: wfrochejr999@gmail.com
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