By Walter F. Roche Jr.
Lawyers for a pharmacist convicted of racketeering and conspiracy are asking a federal judge to allow them to file a brief against a proposed $82 million restitution order under seal, which would prevent members of the public from viewing it.
In a two-page filing in U.S. District Court in Boston, Mass., lawyers for Barry J. Cadden, said that their filing in opposition to a recent government motion should be sealed because that government motion contained "personal and confidential patient information" that was previously sealed at prosecutors' request.
Filed by Bruce Singal, Cadden's lawyer, the motion was filed along with another motion opposing the prosecution's proposal to nearly double Cadden's nine year prison sentence.
Cadden, the one time president and part owner of the New England Compounding Center, was convicted of racketeering, conspiracy and violations of the Food Drug and Cosmetic Act.
NECC, which went bankrupt and shut down, shipped thousands of vials of highly contaminated steroids to doctors and clinics across the country. The resulting fungal meningitis outbreak would eventually sicken more than 700 patients, killing more than 100 of them.
The government motion charges that the actions and inactions of Cadden and co-defendant Glenn Chin were responsible for the deaths and serious injuries.
Cadden, the government filing states, showed an "unconscionable disregard for the lives of the patients injected with his drugs."
Cadden and Chin's actions and inactions caused "an unprecedented public health crisis," the prosecution brief states.
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