By Walter F. Roche Jr.
The federal judge who presided over a massive case involving the claims of victims of a deadly 2012 fungal meningitis has won a national award for judges.
Awarded the Edward J. Devitt Distinguished Service to Justice Award was senior U.S. District Judge Rya Zobel.
The 88-year-old jurist was cited for her work both on the bench and on judiciary panels dealing with such issues as the adoption of data processing systems.
In nominating her for the annual award, judges on the federal court in Boston cited her "exceptional and distinguished career."
Zobel made several key rulings in the fungal meningitis litigation which resulted in some $140 million being distributed to over 2,000 victims or their survivors.
The last distributions to victims are scheduled for March.
The $140 million came from the former owners of the New England Compounding Center and related firms.
According to the nomination Zobel and her brother escaped from armed East German soldiers to escape from East Germany after their parents had been sent to Nazi prison camps.
Eventually they secured passage to the United States.
Tuesday, September 29, 2020
Friday, September 25, 2020
Hospital Failed to Screen for Covid-`19
By Walter F. Roche Jr.
A suburban Philadelphia hospital failed to follow state and federal requirements in screening some 91 visitors to the 371-bed facility for coronavirus, according to a report by state Health Department officials.
The report dated Aug. 11 but only made public this week, states that Saint Mary Medical Center "failed to ensure all visitors were actively checked for temperatures and docmented in a log."
A review of hospital records for the first 10 days of August showed that for 91 of 172 visitors there was no documented evidence that these visitors had their temperatures taken."
The facility was not in compliance with state and federal Covid-19 guidelines, the report states.
In a plan of correction filed by the hospital, Saint Mary officials said they implemented an education program for employees on proper screening and maintaining the required log.
The hospital was cited in a separate report for failing to get proper informed consent from another patient. State surveyors were told hospital employees were unable to get a patient signature due to the Covid-19 pandemic.
"The facility failed to follow their policy for obtaining consents during the Covid-19 pandemic," the report states.
In yet another finding state surveyors cited the hospital for giving improper discharge instructions to a patient.
The patient was instructed not to remove nasal packing until the next day when a visit with an eye, ear and throat specialist was scheduled. The patient, however, had no nasal packing.
Hospital officials did not respond to a request for comment.
Contact: wfrochejr999@gmail.com
A suburban Philadelphia hospital failed to follow state and federal requirements in screening some 91 visitors to the 371-bed facility for coronavirus, according to a report by state Health Department officials.
The report dated Aug. 11 but only made public this week, states that Saint Mary Medical Center "failed to ensure all visitors were actively checked for temperatures and docmented in a log."
A review of hospital records for the first 10 days of August showed that for 91 of 172 visitors there was no documented evidence that these visitors had their temperatures taken."
The facility was not in compliance with state and federal Covid-19 guidelines, the report states.
In a plan of correction filed by the hospital, Saint Mary officials said they implemented an education program for employees on proper screening and maintaining the required log.
The hospital was cited in a separate report for failing to get proper informed consent from another patient. State surveyors were told hospital employees were unable to get a patient signature due to the Covid-19 pandemic.
"The facility failed to follow their policy for obtaining consents during the Covid-19 pandemic," the report states.
In yet another finding state surveyors cited the hospital for giving improper discharge instructions to a patient.
The patient was instructed not to remove nasal packing until the next day when a visit with an eye, ear and throat specialist was scheduled. The patient, however, had no nasal packing.
Hospital officials did not respond to a request for comment.
Contact: wfrochejr999@gmail.com
Wednesday, September 23, 2020
Oral Arguments Set in Conigliaro, Carter Appeals
By Walter F. Roche Jr.
An October date has been set for oral arguments in the government appeal of a ruling that cleared the part owner of a drug compounding firm of charges stemming from a deadly outbreak that ultimately took the lives of more than 100 patients.
A three judge panel will hear the appeal of the dismissal of a single conspiracy charge against Gregory Conigliaro at 9:30 a.m. on Oct. 27 in federal court in Boston. The hearing will be virtual as the courthouse has been closed to the public.
Arguments will be heard at the same time on a similar charge against former pharmacist Sharon Carter.
Conigliaro was part owner of the New England Compounding Center, the company that shipped thousands of contaminated vials of a spinal steroid to health providers across the country.
The charges against Conigliaro and Carter were dismissed in a June 7, 2019 decision by U.S. District Judge Richard G. Stearns. His ruling overturned unanimous guilty verdicts returned by a jury against both defendants.
In his ruling Stearns adopted the argument put forth by Conigliaro's lawyer; that it was a legal impossibility for Conigliaro to defraud the U.S. Food and Drug Administration because the agency itself was unsure of its legal authority over drug compounding firms like NECC.
In a 60-page filing Conigliaro's lawyer, Daniel Rabinowitz, has argued that it would be "unconscionable and unjust" to overturn Stearns' ruling. A similar argument was offered by Carter's lawyer, Michael Pineault.
In a 100-page filing federal prosecutors charged that Conigliaro and Carter were motivated by greed and their actions had "disastrous public health consequences."
The appeals court already has heard arguments on the case against Gene Svirskiy, another former NECC pharmacist, who is appealing his conviction on racketeering and mail fraud charges.
Svirskiy is already serving a 30 month sentence in federal prison.
The appeals court heard arguments on his case and two other ex-NECC pharmacists, Christopher Leary and Alla Stepanets on July 30. Decisions have yet to be issued on those three cases.
Contact:wfrochejr999@gmail.com
An October date has been set for oral arguments in the government appeal of a ruling that cleared the part owner of a drug compounding firm of charges stemming from a deadly outbreak that ultimately took the lives of more than 100 patients.
A three judge panel will hear the appeal of the dismissal of a single conspiracy charge against Gregory Conigliaro at 9:30 a.m. on Oct. 27 in federal court in Boston. The hearing will be virtual as the courthouse has been closed to the public.
Arguments will be heard at the same time on a similar charge against former pharmacist Sharon Carter.
Conigliaro was part owner of the New England Compounding Center, the company that shipped thousands of contaminated vials of a spinal steroid to health providers across the country.
The charges against Conigliaro and Carter were dismissed in a June 7, 2019 decision by U.S. District Judge Richard G. Stearns. His ruling overturned unanimous guilty verdicts returned by a jury against both defendants.
In his ruling Stearns adopted the argument put forth by Conigliaro's lawyer; that it was a legal impossibility for Conigliaro to defraud the U.S. Food and Drug Administration because the agency itself was unsure of its legal authority over drug compounding firms like NECC.
In a 60-page filing Conigliaro's lawyer, Daniel Rabinowitz, has argued that it would be "unconscionable and unjust" to overturn Stearns' ruling. A similar argument was offered by Carter's lawyer, Michael Pineault.
In a 100-page filing federal prosecutors charged that Conigliaro and Carter were motivated by greed and their actions had "disastrous public health consequences."
The appeals court already has heard arguments on the case against Gene Svirskiy, another former NECC pharmacist, who is appealing his conviction on racketeering and mail fraud charges.
Svirskiy is already serving a 30 month sentence in federal prison.
The appeals court heard arguments on his case and two other ex-NECC pharmacists, Christopher Leary and Alla Stepanets on July 30. Decisions have yet to be issued on those three cases.
Contact:wfrochejr999@gmail.com
Tuesday, September 15, 2020
Schedule Discussed in Cadden/Chin Trial
By Walter F. Roche Jr.
Lawyers and prosecutors met today with a circuit court judge to discuss setting a schedule in the trial of two former pharmacists charged with 11 counts of second degree murder.
Judge Michael Hatty set a tentative schedule for some 60 pending motions filed by James Buttrey, the attorney for Glenn Chin, and Gerald Gleeson for Barry J. Cadden. Also at the session was Assistant Attorney General Gregory Townsend, who is prosecuting the case.
Under the tentative schedule hearings will stretch over 240 days and an actual trial could come late next year. Another status conference will be held in three months. Among the motions filed are motions to dismiss the charges altogeher or to limit the testimony that will be allowed during the actual trial.
Chin and Cadden have been charged in the deaths of 11 patients who died after being injected with contaminated drugs produced at the New England Compounding Center, the defunct company blamed for the deadly 2012 fungal meningitis outbreak.
The session was held in Hatty's chambers and was not available for viewing on the internet as had been anticipated.
Hatty is expected to issue a formal order officially setting the hearing schedule.
The two defendants were bound over for trial last month by District Court Judge Shauna Murphy following extended hearings.
The murder charges were filed by former Michigan Attorney General Bill Schuette.
Contact: wfrochejr999@gmail.com
Lawyers and prosecutors met today with a circuit court judge to discuss setting a schedule in the trial of two former pharmacists charged with 11 counts of second degree murder.
Judge Michael Hatty set a tentative schedule for some 60 pending motions filed by James Buttrey, the attorney for Glenn Chin, and Gerald Gleeson for Barry J. Cadden. Also at the session was Assistant Attorney General Gregory Townsend, who is prosecuting the case.
Under the tentative schedule hearings will stretch over 240 days and an actual trial could come late next year. Another status conference will be held in three months. Among the motions filed are motions to dismiss the charges altogeher or to limit the testimony that will be allowed during the actual trial.
Chin and Cadden have been charged in the deaths of 11 patients who died after being injected with contaminated drugs produced at the New England Compounding Center, the defunct company blamed for the deadly 2012 fungal meningitis outbreak.
The session was held in Hatty's chambers and was not available for viewing on the internet as had been anticipated.
Hatty is expected to issue a formal order officially setting the hearing schedule.
The two defendants were bound over for trial last month by District Court Judge Shauna Murphy following extended hearings.
The murder charges were filed by former Michigan Attorney General Bill Schuette.
Contact: wfrochejr999@gmail.com
Friday, September 11, 2020
Cadden, Chin Hearing on Internet
Here are the directions to view the Tuesday hearing in Howell, Mich. on the second degree murder charges against former pharmacists Barry Cadden and Glenn Chin. The hearing is scheduled to begin at 10 a.m. The session is called a "status conference." There will not be any witnesses.
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. Michael Hatty.
Tuesday, September 8, 2020
Cadden, Chin Michigan Hearing Set
By Walter F. Roche Jr.
A hearing is scheduled for next week in the pending criminal case against two former pharmacists charged in the deaths of 11 Michigan victims of the 2012 fungal meningitis outbreak.
Livingston County Circuit Judge Michael Hatty has scheduled a status conference at 10 a.m. on Tuesday (Sept. 15) in the cases against Barry Cadden and Glenn Chin.
The cases were sent to Circuit Court by District Court Judge Shauna Murphy on Aug. 18 who found that there was probable cause to believe the two were responsible for the 11 deaths.
Next week's conference could result in the setting of a schedule for pre-trial motions and ultimately a jury trial. Due to the Covid-19 pandemic the session will not be open to the public. Officials said they don't yet know whether the session will be accessible on-line.
Cadden was president and part owner of the New England Compounding Center, the company that shipped thousands of vials of conntaminated steroids to health care providers across the country. Chin was a supervising pharmacist in the NECC clean room where the fungus riddled methyilprednisolone acetate was produced.
The two were convicted in U.S. District Court in Boston with racketeering, conspiracy and mail fraud but were cleared of second degree murder charges.
Cadden has begun serving a nine-year federal prison sentence while Chin was sentenced to eight-years.
The two are currently being held at the Livingston County Jail.
Contact: wfrochejr999@gmail.com
A hearing is scheduled for next week in the pending criminal case against two former pharmacists charged in the deaths of 11 Michigan victims of the 2012 fungal meningitis outbreak.
Livingston County Circuit Judge Michael Hatty has scheduled a status conference at 10 a.m. on Tuesday (Sept. 15) in the cases against Barry Cadden and Glenn Chin.
The cases were sent to Circuit Court by District Court Judge Shauna Murphy on Aug. 18 who found that there was probable cause to believe the two were responsible for the 11 deaths.
Next week's conference could result in the setting of a schedule for pre-trial motions and ultimately a jury trial. Due to the Covid-19 pandemic the session will not be open to the public. Officials said they don't yet know whether the session will be accessible on-line.
Cadden was president and part owner of the New England Compounding Center, the company that shipped thousands of vials of conntaminated steroids to health care providers across the country. Chin was a supervising pharmacist in the NECC clean room where the fungus riddled methyilprednisolone acetate was produced.
The two were convicted in U.S. District Court in Boston with racketeering, conspiracy and mail fraud but were cleared of second degree murder charges.
Cadden has begun serving a nine-year federal prison sentence while Chin was sentenced to eight-years.
The two are currently being held at the Livingston County Jail.
Contact: wfrochejr999@gmail.com
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