Judge Ups Sentence, Orders $80 million Restitution

By Walter F. Roche Jr.

A federal judge today boosted to 14.5 years the prison sentence of a former drug compounding company executive and also ruled that victims of a deadly 2012 fungal meningitis outbreak should get more than $80 million in restitution.
U.S. District Court Judge Richard G. Stearns, acknowledging that an appeals court decision gave him little choice, increased the sentence of Barry J. Cadden from nine years to 14.5 years and ordered that Cadden pay a little over $80 million to outbreak victims.
In making the ruling, following a two-hour hearing, Stearns made clear it was his intention that the restitution should go to outbreak victims. Stearns added that the mechanics of awarding restitution would be the job of federal agencies, not the courts.
Federal prosecutors have stated they have identified 379 victims who will qualify for restitution payments. In his ruling in his Boston, Mass. courtroom, Stearns rejected the request of federal prosecutors that Cadden's sentence be increased to 17.5 years.
Citing the ruling of the 1st Circuit Court of Appeals, Stearns said he now agreed with federal prosecutors that Cadden's sentence should be enhanced because of the vulnerability of victims who were injected with fungus ridden steroids produced at the New England Compounding Center, a company founded and partially owned by Cadden and his wife.
Calling the case unusual, Stearns concluded the lengthy session by stating, "Hard decisions come from hard cases. This is one of them."
A resentencing for co-defendant Glenn Chin has been scheduled for tomorrow. Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act.
During arguments preceding the decision, Assistant U.S. Attorney Amanda Strachan read a letter from Gloria Brinton,the mother of one of the victims, Laura Brinton, who has never recovered from the fungal meningitis. The mother said she had to retire as a nurse to take care of her bedridden daughter and has had to change catheters for her child "thousands of times."
"It was foreseeable that patients would be harmed," Strachan said. Bruce Singal, Cadden's lawyer argued that the original nine year sentence was adequate and disputed the $80 million restitution order and a $1.4 million forfeiture order.
"There was no evidence," Singal said, "that he (Cadden) knew there was a serious risk." Contact: wfrochejr999@gmail.com