2021 Leaves Victims With Questions Unanswered

By Walter F. Roche Jr.

As another year comes to a close, key questions remain unanswered for victims and perpetrators of a deadly 2012 fungal meningitis outbreak.
Barry Cadden and Glenn Chin have yet to learn if they are likely to spend the rest of their lives in prison. Both have appealed a Michigan ruling that they must stand trial on 11 counts of second degree murder.
Victims of the outbreak and their survivors also are awaiting the outcome of the Chin and Cadden Michigan murder charges. The charges stem from the deaths of 11 patients who were injected with contaminated steroids, produced at a drug compounding firm where the two played key roles.
Victims also are anxious to know when or if the $82 million restitution order will ever be fully enforced. Most involved in the case concede it is unlikely the full $82 million will ever be distributed to the 379 victims.
Cadden and Chin, as a result of the same federal appeals court ruling, had their sentences boosted, Cadden now faces a 15.5 year federal sentence while Chin's was increased to 10.5 years.
During the year victims did get the final $11.5 million distribution from the settlement of related civil litigation.
A federal appeals court meanwhile reversed the acquittal of two other employees of the New England Compounding Center, the compounding drug company where Cadden was president and part owner.
Gregory Conigliaro and Sharon Carter were convicted of conspiring to defraud the federal government.
Another defendant Gene Svirskiy finished his sentence in 2021 and was released. Svirskiy, court documents show, plans to resume working in another compounding pharmacy, part owned by a member of the Massachusetts board which regulates pharmacists.
A company formed by Gregory Conigliaro, meanwhile, purchased a Cape Cod seaside house for $3 million.
Cadden's Wrentham Mass. house, which had been seized by the federal government, was sold off at auction for $1.3 milllion.
Another defendant, Robert Ronzio, who cut a deal with federal prosecutors and became their star witness, has had his sentencing hearing delayed and delayed. The session is now scheduled for Feb. 8 of next year.
Ronzio was head of sales at NECC and gave extensive testimony about the company's operations. He pleaded guilty to one count of conspiring to defraud the federal government,
Contact: wfrochejr999@gmail.com

Pharmacist Files Appeals Notice in Federal Case

By Walter F. Roche Jr.

One of the former pharmacists convicted of racketeering and related chargesnhas filed notice of a series of appeals including the recent addition of $3,312 to an $82 million restitution order.
The notice was filed today in U.S. District Court in Boston, Mass. for Barry J. Cadden, who was president and part owner of a drug compounding firm that caused a nationwide fungal meningitis outbreak.
In the same filing Cadden is disputing his 14.5 year federal jail sentence. The appeals go to the 1st Circuit Court of Appeals, which has already turned down other Cadden appeals.
The addition to the restitution order comes even though lawyers for Cadden had earlier stated he had no objections to the addition.
Government lawyers had sought the increase because the award to one of the outbreak victims had been inadvertently omitted from the $80.1 million claim.
The restitution was also impossed on co-defendant Glenn Chinn, who was a supervising pharmacist at the same Massachusetts compounding company as Cadden.
Both Cadden and Chin are currently being held at the Livingston County Jail in Michigan awaiting trial on charges of second degree murder in the deaths of 13 county residents who were victims of the 2012 deadly outbreak.
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Cadden, Chin Apppeals Denied Again

By Walter F. Roche Jr.

For the second time the Michigan Court of Appeals has denied the petitions of Glenn Chin and Barry Cadden to have their 13 second degree murder charges efectively thrown out.
In a one paragraph order issued Wednesday the court ruled that the appeals lacked merit "on the grounds presented".
The two are facing the charges brought by the Michigan Attorney General for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of 100 patients.
The two worked for the New England Compounding Center, the Massachusetts company that shipped thousands of vials of contaminated steroids to health facilities across the country.
The case was sent back to the Appeals Court for reconsideration last month by the state Supreme Court. The brief decision cited a 2003 case in which a mother faced murder charges in the death of her child. The appeals panel had already rejected the appeal in a terse one paragraph decision.
Lawyers for Cadden and Chin had argued that there was insufficient evidence for the charges to be sent to a jury.
Chin's lawyers had argued that prosecutors had failed to identify a single act by Chin that caused the deaths of 13 Michigan residents, who died after being injected with fungus laden preservative-free methylprednisolone acetate.
Cadden was president and part owner of the the now defunct NECC. Chin was the pharmacist in charge of the clean room where the contaminated drugs were prepared.
Barring another appeal to the Supreme Court, the case will now go back to Livingston County for trial. Contact: wfrochejr999@gmail.com

Judge Amends Sentencing for Chin, Cadden

By Walter F. Roche Jr.

A federal judge today issued amended sentencing and restitution orders for two defendants in]volved in aa deadly outbreak but the two former pharnacists will still face combined sentences of some 25 years.
The amended orders were issued in Boston by U.S. District Judge Richard G. Stearns against Barry J. Cadden and Glenn A. Chin. Cadden still faces 14.5 years in federal prison, while Chin's sentence is for 11.5 years.
The orders also increase the restitution to victims of the outbreak by $3,312. The increase, according to government attorneys, was due to a clerical error. Cadden and Chin's atttorneys did not oppose the hike .
The amended order boosts the total restitution to $82,025,648.
Cadden was part owner of the drug compounding firm that caused the 2012 fungal meningitis outbreak. Chin was a supervising pharmacist at the now defunct company, the New England Compounding Center. They were both convicted on racketeering and conspiracy charges.
The amended orders also make some changes to bring it into compliance with a ruling from the First Circuit Court of Appeals. That panel concluded that Stearns had been too lenient in setting the sentences for the two defendants.
Cadden and Chin are currently in Michigan where they are facing multiple second degree murder charges.
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Ruling Could Tip Cadden, Chin Cases

By Walter F. Roche Jr.

A one paragraph ruling issued late last week by the Michigan Supreme Court could have a major effect on the murder trial of two former pharmacists charged with the death of 11 patients in the 2012 fungal meningitis outbreak.
In the ruling the state's highest court sent appeals filed by Glenn Chin and Barry Cadden back to the state Court of Appeals, which had earlier denied the appeals concluding that Cadden and Chin's lawyers had failed to prove their appeal had to be considered immediately rather than waiting for an actual trial on the charges in Livingston Circuit Court.
The defendants are appealing the decision of Livingston District Court Judge Shauna Murphy that there was sufficient evidence of their guilt to send the case before a jury.
In its ruling last week, the high court sent the case back to the appeals court with instructions to reconsider its decision in light of findings in a 2003 case in which a mother was charged with murder in the death of her daughter.
In that case a judge had ruled that an appeal should be denied for the same grounds cited by the appeals court in the Cadden and Chin cases.
In its decision in 2003, the high court ruled that an appeal could not be denied simply on the basis that lawyers had failed to prove the issue had to be addressed immediately.
"This reason was flawed," the court ruled, adding that the denial must include a substantive reason for the decision, addressing whether the bindover denial or affirmation was justified by the evidence.
In the 2003 decision in the case against Donna Yost, the lower court had declined to bind over the defendant for trial.
She ultimately pleaded guilty to a reduced child abuse charge and was sentenced to three years probation.
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Cadden, Chin Appeals Sent Back to Appeals Court

By Walter F. Roche Jr.

The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
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Conigliaro Buys $3 Milllion Shore Home

By Walter F. Roche Jr.

A company formed by one of the convicted defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak has purchased a beachfront Cape Cod home for a little over $3 million.
289 East Bay LLC bought the 10-room house overlooking the Nantucket Sound in Osterville, Mass. on Feb. 17 of this year. The company was formed the same day by Douglas Conigliaro, who is listed as the resident agent and manager.
Conigliaro was one of 14 people connected to the New England Compounding Center who were indicted in 2014 following a two year probe of the outbreak. NECC produced and sold the steroids which caused the outbreak.
Conigliaro headed a sister firm, Medical Sales Management, which marketed NECC's products. He and his wife were charged with violating a federal law barring depositors from structuring withdrawals to avoid federal reporting requirements.
Under a plea deal with federal prosecutors the charges were vastly reduced and he was sentenced to one year of probation, a $5,500 fine and forfeiture of the $119,647 he admitted to withdrawing improperly.
"Enjoy creating your own Cape Cod memories-to-come at this stunning seaside retreat," a real estate agent posted in advertising the four bedroom home with four fireplaces that Coniglaro's company bought.
The 4,100 square foot home includes a wet bar and an outdoor hot tub.
The house initially was listed for $3,950,000, but Conigliaro paid $3,035,000, according to records at the Barnstable County Registry of Deeds. No mortgage was recorded.
Douglas Conigliaro, who was a licensed physician, also owns a Beacon Hill condo which he purchased in 2012 for $4,195,000 and a home in Dedham, Mass. purchased for $1,050,000.
He pleaded guilty to violating a federal law setting reporting reporting requirements on currency transactions exceeding $10,000.
Douglas, Gregory's brother, headed a sister firm that marketed NECC's products. In 2019 another company formed by Douglas Conigliaro, 17 Canal Street LLC, purchased a commercial property in Salem for $1.7 million. Another Conigliaro relative has recently advertised the property, the site of a former vape shop shop,for rent.
His brother Gregory and his wife purchased a Cape Cod home in 2012 for $2.35 million. He later sold his interest in the property to his wife for $150,000.
Gregory, who was NECC's vice president, is awaiting sentencing after an appeals court reinstated a guilty verdict on the charge of conspiring to defraud the U.S. Food and Drug Administration.
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Prosecutors Seek $$ for Additional Victim

By Walter F. Roche Jr.

Federal prosecutors are seeking approval to increase the restitution order against two former pharmacists because the original request failed to include the amount owed to an unnamed victim.
In a filing today in U.S. District Court in Boston, the U.S. Attorney's office asked U.S. District Court Judge Richard G. Stearns to increase the restitution order by $3,312. That will push the total restitution order against Barry J. Cadden and Glenn A. Chin to $82,025,648.
The two-page request attributes the mistake to a clerical error and notes that attorneys for the two defendants do not oppose the request. Prosecutors have stated that 379 victims will qualify for payments, but full payment of the restitution is regarded as unlikely.
Cadden and Chin were convicted of racketeering, conspiracy and mail fraud for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of over 100 patients while sickening hundreds of others.
Caddden's federal sentence was recently boosted to 14.5 years. Chin's was increased to 10.5 years. The increases were mandated by the same appeals court that ruled patient victims were entitled to restitution.
The request was filed today by Assistant U.S. Attorney Alexandra Amrheim. The motion states that the amounts sought for the non-patient victims remains the same. Those were identifed as the Elkhart General Hospital, South Bend Clinic and First Recovery Group.
Subsequent to their conviction on the federal charges, Cadden and Chin were charged with 11 counts of second degree murder in Michigan. They are awaiting trial on those charges pending an appeal to the Michigan Supreme Court.
Contact: wfrochejr999@gmai.com

Appeals Court Corrects NECC Decisions

By Walter F. Roche Jr.

A federal appeals court yesterday made a series of minor corrections in recent decisions on the criminal cases stemming from the 2012 fungal meningitis.
In all four cases the original decisions remained in place and the convictions of Kathy Chin, Michelle Thomas et al remain in place.
In one of the Chin decisions the 1st Circuit of Appeals had misstated the identity of a prosecution witness, whose testimony had been challenged by the defendants because he hadn't been formally qualified as an expert witness.
The witness was Samuel Penta, an official of the Massachusetts Board of Pharmacy, but the opinion said it was Thomas, one of the defendants.
The other corrections were made in the decisions on Sharon Carter and Gregory Conigliaro, who was vice president and part owner of the New England Compounding Center. Carter was an NECC supervisor.
Thomas and Kathy Chin, both then licensed pharmacists worked in the order confirmation section at NECC.
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Chin, Thomas Appeals Turned Down

By Walter F. Roche Jr.

A federal appeals court has turned down the apppeals of two licensed pharmacists who approved prescriptions made out to obviously fake names.
In a 33-page ruling a three judge panel of the 1st Circuit Court of Appeals affirmed the conviction of Kathy Chin and Michelle Thomas, both of whom were employed by the now defunct New England Compounding Center.
They were among 14 people indicted following a two year probe of the deadly 2012 fungal meningitis outbreak.
The ruling written by Appeals Court Judge David Barron, however, makes clear that the two were not involved in shipping the steroids that caused the fungal meningitis outbreak which ultimately took the lives of more than 100 patients.
Rather they were charged with violations of the Food Drug and Cosmetic Act when they approved for shipment drugs prescribed for obviously fake named patients like Filet O' Fish. Chin was convicted of four counts and Thomas of two counts of violating the FDCA.
The two had argued that they were not acting as pharmacists but as shipping clerks.
The panel rejected that argument citing testimony by a state official and the defendants former fellow employees.
Chin was sentenced to two years probation while Thomas was sentenced to one year of probation followinng a 2019 trial before U.S. District Judge Richard G. Stearns.
In a related action the U.S. Supreme Court this week turned down an appeal filed by another NECC defendant, Alla Stepanets.
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Conditions of Release Set for NECC Defendants

By Walter F. Roche Jr.

One of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has been released with a $25,000 bond pending his sentencing for conspiring to defraud the U.S. Food and Drug Administration.
U.S. Magistrate Jennifer Boal today left in place the unsecured bond on Gregory Conigliaro during a brief session in U.S. District Court in Boston.
In a related development the U.S. Supreme Court denied the appeal of co-defendant Alla Stepanets. She had been convicted of violating the Food Drug and Cosmetic Act. She was sentenced to one year of probation.
Conigliaro, as a condition of his release, cannot work in the pharmaceutical industry or discuss the case with former employees of the New England Compounding Center. Conigliaro was vice president and part owner of NECC.
Late last month the 1st Circuit Court of Appeals restored the jury's guilty verdicts on Conigliaro and co-defendant Sharon Carter. Both had been overturned by U.S. District Judge Richard G. Stearns. Carter was NECC's operations manager.
Both Carter and Conigliaro attended the session remotely and waived their rights to an in-person appearance.
Both Conigliaro and Carter must surrender their passports later this month.
They were among 14 people connected to NECC who were indicted following a two-year probe of the fungal meningitis outbreak. Thirteen of the 14 have either been found guilty or entered guilty pleas.

Ronzio Sentencing Set for February

By Walter F. Roche Jr.

A Feb. 8, 2022 hearing date has been set for the government's star witness in the criminal case stemming from the deadly 2012 fungal meningitis outbreak.
In an order issued today U.S. District Judge Richard G. Stearns set the 10 a.m. hearing for Robert Ronzio, the former sales chief for the now defunct New England Compounding Center. Ronzio entered a guilty plea to a charge of conspiring to defraud the U.S. Food and Drug Administration.
Ronzio's sentencing was delayed multiple times as prosecutors awaited a ruling by the First Circuit Court of Appeals on a closely related case. That ruling, issued Sept. 27, restored the convictions of two other defendants, Gregory Conigliaro and Sharon Carter, on the same conspiracy charge.
In a 2016 plea deal with federal prosecutors Ronzio agreed to a guilty plea on reduced charges in return for his testimony against other NECC defendants. Ronzio then testified extensively against NECC president Barry Cadden, pharmacist Glenn Chin and several other defendants.
The sentencing will take place in Stearns Boston courtroom.
In related action Conigliaro and Carter are set to appear Wednesday for a bail setting session before U.S. Magistrate Jennifer Boale. That session is set for 2 p.m. in Boston. Conigliaro, a part owner of NECC, was also NECC's vice president. Carter was NECC's director of operations.
The 2012 fungal meningitis outbreak, which ultimately killed over 100 patients, was caused by highly contaminated steroids produced by NECC.
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NECC Defendant Lost Physician Licenses

By Walter F. Roche Jr.

One of the convicted defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has been forced to forego his right to practice medicine in two states.
Records of the Massachusetts Board of Medicine show the agency acted in 2019 to bar Douglas A. Conigliaro, 60, from ever renewing his physician's license.
The action came even though Conigliaro's Massachusetts license had expired in 1993 and was never renewed.
The action in Massachusetts led to a complaint from the Florida Medical Board because Conigliaro failed to report the disciplinary action in Massachusetts to Florida. Rules in that state require licensed physicians to report adverse actions in other states within 30 days.
Though Conigliaro was represented by counsel in the Florida case he ultimately surendered his license and agreed to never again apply for licensure in the state as a physician.
The action by the two boards came after Conigliaro and his wife pleaded guilty to a single count of making multiple structured withdrawals under $10,000 from a bank account to avoid their actions being reported to the federal government.
He was fined $55,000 and given two years probation. He was also forced to forfeit about $120,000, the total of the structured withdrawals from a Massachusetts bank.
Conigliaro was president of Medical Sales Management, which acted as the sales agent for the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak.
His wife Carla was the majority owner of NECC.
The Massachusetts medical board cited the fact that Conigliaro was convicted of a crime "which reaonably calls into question his ability to practice medicine."
The board also said Conigliaro had engaged in conduct that could "undermine public confidence in the medical profession."
"The overall nature of the respondent's deceit goes beyond mere greed in its scope," the board's order states.
The lawyer who represented Conigliaro before the board did not respond to a request for comment on the case or from Conigliaro himself.
A graduate of the Boston University Medical School, Conigliaro was licensed in Massachusetts on Nov. 18, 1987.
Florida records show Conigliaro was fined $10,000 in 2002 following an investigation of his handling of a patient who was paralyzed when he attempted to place a morphine pump in her spine. The licensing board cited him for improperly handling the procedure, not recording a proper history of the patient and having illegible records.
The board also placed a "letter of concern" in his licensing record.
He attempted to place the pump after a series of spinal injections failed to provide the 64-year-old woman with any lasting relief. She died two years after the surgery.
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Conigliaro, Carter Face Oct. 6 Bail Hearing

By Walter F. Roche Jr.

With their convictions on conspiracy charges restored, two former officials of a rogue drug compounding company have been ordered to appear at a bail hearing next week.
In an order issued today U.S. District Judge Richard G. Stearns set an Oct. 6 date for Gregory Conigliaro and Sharon Carter to appear before Magistrate Judge Jennifer C. Boal to determine what bail should be set prior to their formal sentencing.
In a ruling issued yesterday a three judge panel of the First Circuit Court of Appeals overruled Stearns and reinstated the unanimous jury findings of guilty. The two were charged with conspiring to defraud the U.S. Food and Drug Administration.
Conigliaro was vice president and part owner of the now defunct New England Compounding Center, the company blamed for a 2012 fungal meningitis outbreak that ultimately killed more than 100 patients. Carter was NECC's director of operations.
Stearns had ruled the two couldn't have defrauded the FDA because agency officials did not believe they had clear authority over state licensed drug compounders.
The appeals court, however, said that regardless of the confusion at the FDA, federal law did give them authority over pharmacies like NECC. The decision, written By Judge David J. Barron, cited "documentary evidence" of actions taken by by both Carter and Conigliaro involving them in the conspiracy to deceive regulators.
The charges against Carter and Conigliaro were not related to the deadly fungal meningitis outbreak caused by fungus laden steroids shipped by NECC to dozens of health providers across the country.
The appeals court decision overruling Stearns comes after prior rulings by the same court overturning Stearns decisions in the same case.
The panel ruled that Stearns had overlooked enhancements in setting the sentences for Barry Cadden and Glenn Chin, two codefendants who were among 14 persons affiliated with NECC who were indicted in late 2014. Stearns acknowledged in a re-sentencing hearing that the appeals court had concluded he was "too lenient" in setting the original sentences.
The appeals court in a separate ruling concluded that Stearns erred in acquitting two other NECC defendants, Kathy Chin and Michelle Thomas, of related charges. Both were eventually convicted.
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Convictions of Key NECC Defendants Reinstated

By Walter F. Roche Jr.

In a stunning reversal a federal appeals court has reinstated the convictions of two key figures in the 2012 fungal meningitis outbreak, concluding that the two did indeed conspire to defraud the U.S. Food and Drug Administration.
In a 61-page decision handed down today the court rejected the conclusion of U.S. District Court Judge Richard G. Stearns that it was legally impossible to defraud the FDA because the agency doubted its own authority to regulate state licensed drug compounders.
The Boston ruling sends the cases against Gregory Conigliaro and Sharon Carter back to Stearns to determine a sentence. Stearn's June 6, 2019 ruling had overturned the unanimous jury conclusion that the two that were guilty.
The court also sent back to Stearns for further inquiry the defendants claim for a new trial.
Conigliaro was vice president and part owner of the New England Compounding Center, the company that shipped thousands of vials of a contaminated steroid to health care providers across the country. Carter was NECC's director of operations.
The two had argued that because the FDA was unsure of its authority to regulate drug compounders, it was impossible for the defendants to conspire to defraud the FDA of the authority, it wasn't even sure it had.
Stearns, in fact, had suggested to the defense lawyers,that the legal impossibility argument was the one that most interested him.
The appeals court, however, looked to the underlying statute, the Food Drug and Cosmetic Act and concluded that whether or not the FDA chose to regulate compounders, the law gave the agency the authority to do so.
Stating that it did not understand the district court's reasoning, the ruling concludes that "the district court erred as the government contends."
The panel also rejected the argument that the jury's guilty verdict deprived the defendants of legally required fair notice.
"There is no due process based bar to the defendants being convicted," the ruling states.
The panel cited internal emails and other documentary evidence in which Carter instructed sales staff on the procedure to be followed when orders were placed without patient specific prescriptions as legally required. She told sales staff that the patient names must ressemble real names.
The names listed on NECC records included Ted Bundy and Barney Fife, the panel noted. It states that Conigliaro told federal regulators that NECC was a small family owned compounding pharmacy.
Also cited was the testimony of Robert Ronzio, NECC's national sales director, who already entered a guilty plea to the conspiracy charge.
"The district court's judgments of acquittal must be reversed," the ruling concludes.
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Michigan Outbreak Hearing Canceled

A status conference on the second degree murder charges against two former pharmacists was canceled today, apparently because the Michigan Supreme Court has yet to rule on appeals from the two defendants.
Called off was a 10 a.m. session before Livingston County Judge Michael Hatty on the 11 second degree murder charges against Barry J. Cadden and Glenn Chin.
Both defendants have asked the Supreme Court to effectively throw out the charges. The two were employed by the New England Compounding Center which shipped thousands of contaminated vials of steroids to health providers across the country.
Chin was a supervising pharmacist in the clean room where the fungus riddled drugs were prepared.Cadden was president and part owner of NECC.
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MI Prosecutor Under Review... Retires

By Walter F. Roche Jr.

A lead prosecutor in the case against two former pharmacists charged with second degree murder has abruptly retired even as he remains under scrutiny for allegations that he failed to disclose exculpatory evidence in an unrelated case.
A spokeswoman for the Michigan Attorney General's office said today that Assistant Attorney General Gregory Townsend retired on July 12.
The retirement came as the Oakland County prosecutor was reviewing allegations that Townsend, while working in the Oakland County prosecutor's office, failed to disclose information regarding witnesses in the arson trial of Juwan Deering.
Subsequently Oakland County prosecutor Karen McDonald, citing possible ethical violations, announced that the charges against Deering would be dropped. Deering was convicted on arson murder charges and has served 14 years of a life sentence.
Townsend was the lead attorney in the prosecution of Barry J. Cadden and Glenn A. Chin, the former Massachusetts pharmacists charged with 11 counts of second degree murder. In the appeals cases Assistant Attorney General Erik R. Jenkins has been prosecuting the cases.
In disclosing Townsend's departure, spokeswoman Lynsey Mukomel, said that an ongoing exhaustive review of Townsend's cases in the attorney general's office had thus far found no cause for concern.
"We take Prosecutor McDonald’s findings seriously, as we did when she first announced the Special Prosecutor's review in May," Mukomel wrote in an email statement.
She said that when the charges surfaced, Townsend was reassigned from his docket while the office conducted a detailed audit of his cases.
At that time, Assistant Attorney General Townsend was reassigned from his docket for the purpose of performing a comprehensive audit of his work. AAG Townsend retired from the Department July 12.
"While the audit remains ongoing, the department's exhaustive review of his cases has not identified any that pose a concern," she said, adding that "the Department remains committed to its due diligence and will be contacting defense counsel in cases identified as deserving additional scrutiny.
"No additional details will be released at this time given that process continues," she concluded.
Townsend appeared in district court and circuit court pursuing the charges against Chin and Cadden which stem from the 2012 fungal meningitis outbreak caused by contaminated drugs shipped from the Massachusetts drug compounding center where they both worked.
The disclosure comes as a status conference on the murder charges is scheduled for Friday before Judge Michael Hatty.
The session, if it is held, is not expected to result in any major action since Chin and Cadden both have appeals pending before the Michigan Supreme Court. The appeals seek to overturn the ruling by lower courts that there was sufficient evidence for the second degree murder charges to be heard by a jury.
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Compounded Drug Recall

TOPIC: Compounded Products Intended to be Sterile by Greenpark Compounding Pharmacy: CDER Alert - FDA Alerts Patients and Health Care Professionals Not to Use AUDIENCE: Patient, Health Professional, Risk Manager ISSUE: FDA is alerting patients and health care professionals not to use compounded products intended to be sterile, produced and distributed nationwide by Prescription Labs Inc. doing business as Greenpark Compounding Pharmacy due to lack of sterility assurance. Administration of non-sterile products intended to be sterile may result in serious and potentially life-threatening infections or death. FDA investigators recently inspected Greenpark Compounding Pharmacy’s facility during July and August 2021 and observed conditions which could cause the compounded drugs to be contaminated or otherwise pose risks to patients. For more information about this alert, click on the red button "Read Alert" below. BACKGROUND: On August 18 and August 31, 2021, the compounder initiated a recall of several lots of a compounded ophthalmic drug. On September 2, 2021, FDA recommended Greenpark Compounding Pharmacy expand its recall to all unexpired compounded drugs intended to be sterile and stop sterile production until it implements adequate corrective actions. FDA is not aware of any adverse reactions associated with the use of compounded drugs from Greenpark Compounding Pharmacy. RECOMMENDATION/S: Health care professionals and patients should immediately check their medical supplies, quarantine any products marketed as sterile from Greenpark Compounding Pharmacy, and not administer or provide them to patients. Patients who have received compounded drugs produced by Greenpark Compounding Pharmacy and have concerns should contact their health care professional. Health professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program: Complete and submit the report online. Download form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on form, or submit by fax to 1-800-FDA-0178. Read Alert Button feed

Cadden, Chin MI Criminal Hearing Set

By Walter F. Roche Jr.

A status hearing has been scheduled for Sept. 24 in the criminal homicide case against two former Massachusetts pharmacists, but it is unlikely the case will progress substantially due to pending appeals.
Barry J. Cadden and Glen Chin have been charged with 11 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
The status coinference before Judge Michael P. Hatty comes as both Cadden and Chin have filed appeals in the Michigan Supreme Court seeking to have the charges effectively wiped out.
Cadden and Chin's lawyers have argued that there was insufficient evidence to justify binding the two over for a trial by jury.
Attorneys for the Michigan Attorney Generals have countered by charging that the two are responsible for the deaths caused by a contaminated steroid injected into the joints and spines of unsuspecting patients.
Hatty and the state Court of Appeals already have ruled against both appeals.
Cadden was president and part owner of the New England Compounding Center, the defunct company that shipped the fungi laden drugs to Michigan and some 20 other states.
Chinn was the supervising pharmacist in the NECC clean room where the deadly preservative free methylprednisolone acetate was produced.
The two already have been convicted on racketeering, conspiracy and related charges in federal court in Boston. Cadden is serving a 14.5 year sentence while Chin is serving an 10.5 year sentence.
Two federal juries, however, declined to convict the two on racketeering murder charges.
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Nine Years and Still Hurting

By Walter F. Roche Jr.

They all report pain, sometimes unbearable pain.
Many report feelings of isolation and difficulty in comprehension.
Nearly all have been dropped by their doctors and have difficulty getting a physician willing to treat them.
Ironically many still have serious after effects from the powerful medications used to keep them alive.
They are all victims of the 2012 fungal meningitis outbreak and nine years later the suffering endures.
Though in many cases the harm had been inflicted months earlier, the "totally avoidable" medical tragedy began to unfold in the Fall of 2012. Tennessee was the first state to report a rare case of fungal meningitis in mid-September.
Though it would take weeks, months and years for the full details to emerge, the cause of the outbreak, which ultimately sickened nearly 800 and killed over 100 of them, was deadly fungi that contaminated a steroid prescribed to kill painful spinal and joint pain.
Describing her extreme pain, Joan Peay, a Tennessee victim, said, "If I try to stifle a yawn, the pain is so bad I could almost pass out."
Peay, who suffered two bouts of fungal meningitis following injections of contaminated methylprednisolone acetate, said the pain in her back, side and neck gets worse at night forcing her to use "a long heat pack" that she warms in a microwave.
But pain is not the worst after effect. Difficulty in comprehension she says leaves her feeling isolated.
"Whatever controls comprehension was damaged with the huge swelling that occurred in my head," she said, adding that if someone talks too fast or too softly, "I have no idea what they are saying. I frequently feel left out because of that. It is an isolated feeling."
A feeling shared by others.
"My short term memory is gone," said Justine Miller, a Michigan victim who also reported heart and non-alcoholic liver disease.
Dawn Elliott, an Indiana victim, said she and other patients at the facility where she was injected were summarily dropped by the clinic and she has had continuing difficulty in finding a physician willing to deal with her serious pain.
"I ended up walking out," she said after describing her last heated encounter with one physician. "Now I have no pain doctor."
"I was seeing a pain doctor but after a short period of time, she cut off my pain meds and referred me to physical therapy," said Nancy Dargan.
Dargan said back in 2012 she was initially supposed to get a spinal injection but because of severe pain the doctor decided to inject her in the hip.
She had an immediate severe reaction and ended up making multiple trips to the hospital. vorinconazole.
"I had trouble remembering things, my thought processes were a mess..I had hystrionics, was hallucinating and talking to people who weren't there," she recalled.
Jack Pavlekovich, who was injected in Indiana, said his health has been going downhill and he needs a walker to ambulate.
"I have constant back pain," he said. Pavlekovich, however, says he no longer has any trouble getting medical care. That's because he left Indiana and moved to Wisconsin.
"I've had no problem at all," he said.
Rita Begin Geisler says her current condition makes it difficult to even take a walk.
"I am so bad now that I can’t even walk around the block with my dog and husband without moaning and groaning in pain," she said, adding that she likes to read and, thankfully, has no pain when sitting.
Elliott, Pavlekovich and other Indiana victims have yet to see a dime from suits against the clinics where they were injected. And in Michigan Justine Miller says she has been waiting almost four months for a payment she was already awarded.
Yet Miller, like many other outbreak victims, continues to live in pain.
"I live in severe pain with my back and legs and sometimes cannot dress myself without my husband’s help," she said.
Contact: wfrochejr999@gmail.com

NECC Defendant Released From Jail

By Walter F. Roche Jr.

One of the defendants in the fungal meningitis outbreak criminal case has been released from federal custody after completing his 2.5 year sentence.
Gene Svirskiy, 40, who was a pharmacist at the New England Compounding Center, was released from custody at a Philadelphia pre-release facility Thursday.
He was one of 14 people indicted following a two-year probe of the deadly 2012 fungal meningitis outbreak. He was convicted on charges of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. In addition to the jail time, Svirskiy will serve one year of supervised release.
Svirskiy served nearly all of his sentence at a federal prison in central Massachusetts. He tried multiple times to get an early release due to the Covid-19 pandemic, but the requests were denied.
Svirskiy was not involved in the production of the contaminated methylprednisolone acetate which caused the outbreak, although he did work in one of the two NECC clean rooms.
Two other NECC defendants, Barry Cadden and Glen Chin, are still serving their sentences and are also facing second degree murder charges in Livingston County Michigan. Both recently had their federal prison sentences substantially increased.
Cadden's sentence was increased from nine years to 14.5 years while Chin's sentence was hiked from eight to 10.5 years.
Contact: wfrochejr999@gmail.com Court records show Svirskiy plans to go back to work in drug compounding at a pharmacy part owned by a member of the Massachusetts Board of Pharmacy.

Chin in Final Supreme Court Plea

By Walter F. Roche Jr.

Charging that Michigan prosecutors have still failed to provide a key element in a second degree murder case, lawyers for a former Massachusetts pharmacist are asking the state's highest court to effectively erase the charges against their client.
In a five-page filing with the Michigan Supreme Court lawyers for Glenn Chin say prosecutors have still failed to identify a single act by the former pharmacist that led to the deaths of 11 patients.
"There must have been an act, not just an attitude," the filing states.
Chin and co-defendant Barry Cadden were charged with 11 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak. Both were tied to the New England Componding Center, the company that shipped thousands of vials of a steroid riddled with deadly fungus to health providers across the country.
"They simply can't say what act it was," the brief states, adding that all the prosecution can do is say "Somehow, somewhere, some act that was somehow his (Chin's) fault must have occurred."
Citing the example of a Navy captain who has grounded his ship and can be stripped of his rank, the brief states that a higher standard is required for a second degree murder charge.
Second degree murder requires a "specific act," the brief concludes. Lawyers for Chin and Cadden are asking the state's high court to overturn the decision of a Livingston County judge who concluded there was sufficient evidence against the two to put the case before a jury.
Contact: wfrochejr999@gmail.com

Key Defendant Back in Compounding Business

By Walter F. Roche Jr.

The prosecution's star witness in a case involving a deadly compounded drug outbreak is back in the employ of another drug compounding firm despite his guilty plea to conspiracy charges.
Robert Ronzio, the onetime sales director for a now defunct Massachusetts drug firm, is a vice president for Florida based KRS Global Biotechnology. That firm compounds drugs by the thousands for use in health facilities.
Ronzio was sales manager for the New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak which has taken the lives of over 100 patients. As part of a plea deal following a two year probe of that outbreak Ronzio entered a guilty plea to conspiring to defraud the federal government for his role at NECC.
His sentencing has been re-scheduled several times and has now been postponed indefinitely.
Ronzio was the prosecution's lead witness in the trials of a dozen of his former NECC colleagues including NECC's part owner and president, who is now serving a 14.5 year federal prison sentence.
Court records show Ronzio, as a condition of release after his indictment, was barred from working in the pharmaceutical industry unless his employer was informed of the federal charges. The conditions also indicate the U.S. Attorney would be involved in any such employment arrangement.
Peter Horstmann, Ronzio's attorney, declined comment when asked whether the U.S. Attorney had approved Ronzio's employment in Florida. The U.S. Attorney's Office in Boston, Mass. also declined comment.
While NECC was shuttered by federal regulators KRS has had its own problems, including a massive recall due to possible contamination of its sterile products. That forced the company into bankruptcy and its recent sale to a new owner.
KRS is licensed as a 503B U.S. Food and Drug Administration drug producer, a new category created by Congress in the wake of the fungal meningitis outbreak.
Records in the KRS 2020 bankruptcy in federal court in Florida show Ronzio was listed as a priority creditor seeking unpaid wages of $32,807. He also was listed with a $5,264 "trade debt."
Contact: wfrochejr999@gmail.com

Cadden Appeals Sentence, Restitution Order

By Walter F. Roche Jr.

The lawyer for a jailed former pharmacist filed notice of an appeal of the July 7 order increasing his jail sentence to 14.5 year and ordering $82 million in restitution.
In a filing in U.S. District Court in Boston, Mass. Bruce Singal, the attorney for Barry J. Cadden, said that the appeal would be filed with the 1st Circuit Court of Appeals.
Co-defendant Glenn Chin, who had his eight year sentence increased to 10.5 years already has filed notice of appeal.
The two were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak caused by contaminated drugs shipped from the company where both worked.
Cadden was re-sentenced at a July 7 hearing in which Singal argued that the original nine year sentence met legal requirements and should not be increased. Prosecutors sought a 17.5 year sentence.
But U.S. District Court Judge Richard G. Stearns said he was bound by a decision from the same appeals court, which found that he had been too lenient in setting the original sentence.
Chin and Cadden were convicted in separate trials on charges of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act.
The two are now jailed in Livingston County Michigan awaiting trial on 11 counts of second degree murder. Those charges stem from the same 2012 fungal meningitis outbreak, which took the lives of 11 county patients.
They were all injected with fungi-riddled methylprednisolone acetate produced at the New England Compounding Center, where Cadden was president and Chin was a supervising pharmacist.
Contact: wfrochejr999@gmail.com

Cadden Barred from Role in Drug Applications

By Walter F. Roche Jr.

Though it has garnered little public notice the U.S. Food and Drug Administration has placed a lifetime ban on the role a former drug company owner can play in seeking approval of new drugs.
The lifetime ban was imposed on Nov. 30 of last year on Barry J. Cadden, the former president and part owner of the New England Compounding Center, the company at the center of a deadly 2012 fungal meningitis outbreak.
The FDA order, which Cadden did not contest, bars him from providing services in any capacity to a party that has an approved or pending drug product application.
In addition the order states that any party with an approved or pending drug product application "who knowingly employs or retains " Cadden as a consultant, contractor or in any capacity "will be subject to civil penalties."
Finally the notice states that the FDA will not accept or review any abbeviated drug application from Cadden.
The notice states that the debarment was prompted by Cadden's June 27, 2017 conviction on racketeering, conspiracy, mail fraud charges and violations of the Food, Drug and Cosmetic Act. It specifically notes Cadden's conviction for defrauding the FDA.
Cadden, whose federal sentence was recently upped from nine years to 14.5 years is also facing second degree murder charges in Michigan. If convicted on those state charges he could likely be jailed for life.
Cadden already surrendered his Massachusetts pharmacist license.
The notice states Cadden can petition to end the disbarment.
Contact: wfrochejr999@gmail.com

Cadden's Lawyer Calls Contamination Inadvertent

By Walter F. Roche Jr.

The attorney for a former pharmacist charged with second degree murder says the contamination of drugs with deadly fungi was inadvertent and the prosecution failed to identify a specific act that caused the deaths.
In an 11-page filing with the Michigan Supreme Court the lawyer for Barry J. Cadden asked the state's high court to reverse the decision of lower courts that there was sufficient evidence to bring the 11 second degree murder charges before a jury.
Stating that the drugs which caused the deaths were "inadvertently contaminated", Gerald Gleeson, Cadden's lawyer, said that Cadden didn't compound the deadly drugs and rarely, if ever even went into the clean room where they were prepared.
The filing was in response to prosecution arguments that there is sufficient evidence to allow the case to go forward. Prosecutors have charged that Cadden not only knew of the unsafe practices but in some cases ordered them.
Cadden and co-defendant Glenn Chin were charged with the deaths of 11 patients who died after being injected with drugs from the New England Compounding Center. The now defunct company has been named as the cause of a 2012 fungal meningtis outbreak which ultimately took the lives of more than 100 patients.
Cadden was president and part owner of NECC while Chin was a supervising pharmacist overseeing a clean room.
As Gleeson noted, it was Chin who prepared the methylprednisolone acetate that caused the deadly outbreak.
Arguing that prosecutors from the state Attorney General's office failed to identify "a discernable causal act" by Cadden leading to the contaminaton, the brief states that instead they "daisy chained" a series of "reasonable inferences."
"The charges should be dismissed," the filing asserts adding that at worst the evidence might justify a charge of negligence.
"It was Glenn Chin who did all of these things," the brief coninues, adding that the lack of direct evidence against Cadden was "deeply problematic."
The brief also questions whether Cadden could be held responsible because of his position and ownership interest in NECC.
"The state has identified nothing even close" to meeting the needed evidence for second degree murder charges, the filing concludes.
Contact: wfrochejr999@gmail.com

Chin to Appeal New Sentence

By Walter F. Roche Jr.

One of the top defendants in the criminal case stemming from a deadly outbreak is appealing the longer 10.5 year sentence a federal judge imposed on him a week ago.
Chin's lawyer. James Sultan, filed the notice of appeal today in federal court in Boston, Mass.
U.S. District Judge Richard G. Stearns set the 10.5 year term, stating that a recent decision by the 1st Circuit of Appeals left him little choice but to extend Chin's original eight year sentence by 2.5 years.
Sultan had argued that a series of sentencing enhancements sought by the U.S. Attorney were not justified. Instead he argued that Stearns' original eight year sentence met the overall sentencing guidelnes.
Sultan also argued that for a longer sentence to be imposed the prosecution had to show Chin was specifically aware of the risk to patients.
Chin and Cadden already have appealed the guilty verdicts returned against them by two separate juries, but those appeals were denied.
Chin and Cadden were convicted of racketeering, conspiracy and mail fraud. They were both cleared of second degree murder racketeering charges.
However the two were subsequently charged with 11 counts of second degree murder in Michigan where they are now being held in the Livingston County Jail.
Contact: wfrochejr999@gmail.com

Judge Recommends Mass. Jail For Chin

By Walter F. Roche Jr.

A federal judge has for the second time recommended that a key defendant in the fungal meningitis outbreak criminal case serve a multi-year prison sentence at a prison in his home state of Massachusetts.
In documents filed today in U.S. District Court in Boston, Mass. U.S. District Judge Richard G. Stearns recommended that Glenn Chin serve his sentence at the federal prison in Devens, Mass.
Stearns had made the same recommendation when the former pharmacist was originally sentenced to an eight year prison term. Chin's lawyer at that time had asked the judge to make that recommendation.
The federal Bureau of Prisons vetoed the request because the Devens facility did not have substance abuse treatment services which were deemed necessary for Chin. Stearns new order also recommends that Chin get substance abuse treatment while in federal custody.
Chin's sentence was boosted to 10.5 years a week ago as a result of an appeals court decision.
The Devens prison, located on the site of a former military base, is about a half hour drive from Chin's Canton, Mass. home.
Just where Chin and co-defendant Barry Cadden will spend the next several years will hinge on the outcome of second degree murder charges pending against the two in Michigan. If convicted on 11 counts of second degree murder, the two would likely be in prison for life.
Under the re-sentencing orders on the federal charges Cadden, 54, would likely be released in 2030, while Chin, 53, could be out in 2027.
Other details in Stearns order show that while victims of the outbreak will get a little over $80 million in restitution, Elkhart General Hospital will get $565,074 and the South Bend Clinic will get $218,834. Both had filed claims.
Despite the order, Stearns acknowledged in the recent session that the full restitution amount is unlikely to ever be realized.
In separate trials Chin and Cadden, both linked to the defunct New England Compounding Center, were convicted of racketeering, conspiracy and mail fraud. They were indicted in 2014 following a probe of the 2012 fungal meningitis outbreak, caused By contaminated spinal steroids.
Before being brought to Michigan to face the murder charges, Chin and Cadden were serving their federal sentences at separate federal prisons in Pennsylvania.
Contact: wfrochejr999@gmail.com

Chin's Sentence Boosted, Restitution Ordered

By Walter F. Roche Jr.

A federal judge today ordered a former pharmacist to pay $82 million in restitution and boosted his jail sentence on racketeering and conspiracy charges to 10.5 years.
U.S. District Judge Richard G. Stearns imposed the sentence on Glenn A. Chin, a former supervising pharmacist at the Massachusetts drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
"I never meant to hurt anyone," Chin said.
In setting the sentence Stearns acknowledged that an appeals court had concluded that his original eight year sentence was too lenient.
Chin, who is currently being held in a Michigan jail on related second degree murder charges, testified by ZOOM, stating that he never would have let the drugs be dispensed had he known they were contaminated with deadly fungi.
Chin and co-defendant Barry Cadden were convicted on racketeering, conspiracy and mail fraud charges for their roles at the now defunct New England Compounding Center. At a prior re-sentencing session Cadden's sentence was boosted to 14.5 years. He is also subject to the restitution order.
Prosecutors have stated that they intend for most of that money, a little over $80 million, to go to outbreak victims or their survivors. Federal officials have stated that over 100 victims have died among over 700 who were sickened.
Stearns said he did not believe Chin should get the same sentence as Cadden, noting that Chin, unlike Cadden, had no ownership interest in NECC.
Chin said he had at first blamed Cadden for what happened but now had forgiven him. "I'm ashamed," he said, adding "I should have just quit."
Chin said he still can't figure out what caused the steroids to become contaminated with deadly fungi.
Stating that life in the Livingston County Jail was difficult, he said "It's dirty and smelly and sometimes dangerous" He said it broke his heart to hear the mother of a Tennessee victim describe what her daughter was still going through.
Chin said that all he could hope for was that the judge would be "merciful and fair."
Stearns said he had concluded Chin was expressing genuine remorse.
"I do believe you are a better man. I wish you well," Stearns said, adding that he hoped conditions in the Michigan jail would improve.
Contact: wfrochejr999@gmil.com

Chin's Sentence Boosted to 10.5 Years

By Walter F. Roche Jr.

Stearns had originally set an eight year sentence on Chin, but he acknowledged in today's hearing that an appeals court had ruled that penalty was too lenient.
Chin, who is in a Michigan jail pending trial on related second degree murder charges, said he never would have allowed the steroids to be dispensed had he known they were contaminated with deadly fungi.
"I still can't figure it out," Chin said about how the methylprednisolone became contaminated.
As for the $82 million restitution order, prosecutors have indicated some $80 million would go to outbreak victims, but Stearns said it was unlikely that amount would ever be collected. Federal investigators, who spent two years investigating the outbreak, concluded that the drugs were compounded in an NECC clean room where Chin was a supervisor and he, in fact, compounded the fatal drugs.
Over 100 patients ultimately died in the outbreak while over 700 were sickened. Chin said he was ashamed of himself over what happened and said he should have spoken up about the conditions at NECC. "I should have just quit," he said.
Chin's original re-sentencing session had to be delayed because the judge and others in Stearn's Boston, Mass. courtroom could not hear him.
Chin said that at first he blamed co-defendant Barry Cadden for what happened but now forgave him. Cadden was president and part owner of NECC. Chin and Cadden were convicted on racketeering, conspiracy and mail fraud charges, but two separate juries declined to convict them on racketeering second degree murder charges
Chin concluded by stating that all he could do was hope that the judge would be "merciful and fair." Stearns said he did not believe Chin should get the same sentence as Cadden, who got a 14.5 year sentence at a separate re-sentencing session.
Chin and Cadden have been charged with 11 counts of second degree murder in Michigan and are being held at the Livingston County Jail awaitng trial on those charges.
Chin said the conditions at that jail were bad and that he was subject to abuse because of his race.
"It's dirty and smelly. Life is difficult and sometimes dangerous," Chin said.
Contact: wfrochejr999@gmail.com

Michigan AG: Chin's Actions Led to 11 Deaths

By Walter F. Roche Jr.

Michigan prosecutors say that but for actions taken by a former Massachusetts pharmacist 11 lives would not have been lost in the 2012 fungal meningitis outbreak.
In a 28-page filing in the Michigan Supreme Court, prosecutors from the state Attorney General's office said lower courts were correct when they ruled that there was sufficient evidence against Glenn A. Chin to bind him over for trial on second degree murder charges.
Urging that the appeal be denied, prosecutors cited the testimony of employees who worked under Chin's direction at the New England Compounding Center. They described an environment "out of control" at the Framingham, Mass. company as production was ramped up and safety measures were ignored or abandoned.
The appeal is the latest development in the aftermath of the outbreak which ultimately took the lives of more than 100 patients. Both Chin and Barry Cadden were charged with 11 counts of second degree murder by the Michigan Attorney General. Cadden, NECC's president and part owner has also filed a similar appeal.
Stating that Chin ordered employees to falsify cleaning logs, the filing notes that the drugs that caused the outbreak were produced in the clean room where Chin worked. The drugs, vials of methylprednisolone acetate contaminated with a deadly fungus, were shipped to a Brighton pain cinic on Aug. 7, 2012.
It was there that the 11 patients received the fatal injections.
It was Chin's "reckless disregard" for sterility while calling for more and more production that led to the deaths, the prosecution charged.
"Chin was the one doling out these orders," the filing states.
And when NECC technicians raised safety concerns Chin either shrugged his shoulders or said, "That's why we have lawyers," the prosecutors stated.
Citing positive tests for mold at NECC and products being shipped befre testing, the brief cites testimony that newly produced drugs would be mixed with older products, making actual identification of the lots impossible.
"The increased production led to corners being cut," the filing states.
While acknowledging that a single sample from the deadly lot did test as sterile, the filing states that having only a single vial tested did not meet accepted industry standards.
In addition the filing noted that other vials from the same lot later recovered by the U.S. Food and Drug Administration were contaminated with the same fungus that killed the 11 patients.
Chin's lawyers have argued that the charges should be dropped because investigators have never been able to identify the source of the deadly fungal contamination.
Chin is scheduled to appear by ZOOM tomorrow at a re-sentencing hearing following his conviction on related federal charges of racketeering, conspiracy and mail fraud. Federal prosecutors are asking U.S. District Judge Richard G. Stearns to increase Chin's sentence from eight years to 14.5 years, the same imposed on Cadden.
Today's hearing is scheduled for 10 a.m. Contact: wfrochejr999@gmail.com

Compounded Drug Recall

US Food and Drug Administration Innoveix Pharmaceuticals, Inc. Issues Voluntary Recall of All Sterile Compounded Drug Products Due to A Lack of Sterility Assurance Innoveix Pharmaceuticals, Inc. is voluntarily recalling the following lots of sterile compounded drug products, within expiry. The products are being recalled due to a lack of assurance of sterility. These concerns arose following a routine inspection of the pharmacy by FDA. Administration of a drug product intended to be sterile, that is not sterile, could result in serious infections which may be life-threatening. To date, Innoveix Pharmaceuticals, Inc. has not received any reports of adverse events related to this recall. This voluntary recall is being conducted out of an abundance of caution and to promote patient safety, which is the pharmacy's highest priority. The affected products are injectable Semorelin / Ipamorelin 3mg and injectable AOD-9604 3mg. The products can be used for various indications as prescribed. The products can be identified by an Innoveix Pharmaceuticals, Inc. label.

Chin Boston Hearing Set For July 21

By Walter F. Roche Jr.

A federal judge has set a July 21 date for the continuation of a re-sentencing of a former pharmacist convicted of racketeering, conspiracy and mail fraud.
U.S. District Judge Richard G. Stearns set the July 21 10 a.m. hearing date for Glenn Chin, who previously was given an eight year federal sentence.
Last week's hearing on the matter was delayed due to technical difficuties getting Chin's testimony transmitted from the Michigan jail where Chin and co-defendant Barry Cadden are awaiting trial on seperate but related charges.
The two were employed at the defunct New England Compounding Center, the company blamed for the deadly 2012 fungal menigitis outbreak.
The re-sentencing was mandated by a decision from the 1st Circuit Court of Appeals which concluded that Stearns had failed to consider enhancements to his original sentence.
Cadden, whose re-sentencing hearing has already been held, had his sentence boosted from nine years to 14.5 years.
The two could face a lifetime jail sentence if they are convicted on 11 counts of second degree murder charged in Michigan.
The two are appealing to the Michigan Supreme Court, charging that there was insufficient evidence to bind them over for trial on those murder charges.
Contact: wfrochejr999@gmail.com

Michigan AG: Cadden Must Face Jury

By Walter F. Roche Jr.

Charging that the directives of a former drug company owner directly led to the deaths of 11 state residents, the Michigan Attorney General is asking that state's highest court to deny the owner's recent appeal of 11 second degree murder charges.
In a 32-page filing with the Michigan Supreme Court this week, Attorney General Dana Nessel said the arguments raised by attorneys for Barry J. Cadden are without merit and it should be up to a jury to determine his guilt or innocense.
Cadden and co-defendant Glenn Chin have been charged with second degree murder in the deaths of 11 Livingston County patients who died after being injected with a contaminated steroid produced at the the New England Compounding Center, the company where Cadden was president and Chin was a supervising pharmacist.
Cadden's appeal charges that the disrict and circuit courts erred in binding him over for trial on the charges. Chin has filed a similar appeal.
"Both direct and circumstantial evidence indicated that Cadden knew of and contributed to the unsafe conditions at NECC's clean room," the filing states.
Charging that the unsafe and risky practices began in 2012 as NECC ramped up production, the fiing states that Cadden not only knew of the unsafe practices and in some cases ordered them.
Citing testimony of former NECC employees,the brief states that the increased production led to "corners being cut" and NECC becoming sloppier.
Cadden distributed drugs "under the false representation" that they had been compounded under proper standards when the clean rooms where the drugs were produced were "inexcusably susceptible to mold and contaminates," the filing states.
Noting that NECC did ultimately issue a recall notice for the fungus riddled drugs, the filing states, "For 11 patients, it was too late."
puting the contention of Cadden's lawyers that the prosecution failed to identify a specific act that led to the deadly 2012 outbreak, the brief states that Cadden was not only responsible for the unsanitary condition in the clean rooms but was also complicit in what went on there.
"Cadden's directives are the acts that caused the deaths in this case," the filing concludes.
Contact: wfrochejr999@gmail.com

Chin Sentencing Delayed

By Walter F. Roche Jr.

The sentencing hearing for a former supervising pharmacist for the firm blamed for a deadly fungal meningitis outbreak was delayed today due to technical difficulties.
The sentencing of Glenn Chin was halted when the presiding judge and others in the Boston, Mass. federal courtroom were unable to hear Chin's testimony. He was testifying from a Michigan jail where he is being held for related second degree murder charges.
The technical problems surfaced after federal prosecutors and Chin's lawyer gave extensive arguments about the length of time he should be jailed.
Chin's lawyer, James Sultan, conceded that an increase of two years to Chin's current eight year sentence would be appropriate.
Assistant U.S. Attorney Amanda Strachan urged U.S. District Court Judge Richard G. Stearns to give Chin the same 14.5 year sentence imposed yesterday on co-defendant Barry Cadden.
She conceded that it would not be appropriate for Chin to get a longer sentence than Cadden. She initially had sought a 17.5 year sentence for both defendants.
Chin was a supervising pharmacist at the now defunct New England Compounding Center. Cadden was president and part owner of NECC.
Cadden and Chin were both convicted of racketeering, conspiracy, mail fraud and violations of rhe Food Drug and Cosmetic Act. The charges stemmed from a two-year probe of the 2012 fungal meningitis outbreak, which ultimately took the lives of over 100 patients.
The outbreak was caused by fungus laden spinal steroids produced by NECC and shipped to health facilities all over the country.
Stearns said he would reconvene the court when the technical difficuties were resolved.
In arguments before the session was halted, Sultan said that for a longer sentence to be imposed the prosecution had to show he was specifically aware of the risk.
He labeled the 1st Circuit Court of Appeals decision on Chin's sentence "laughable" and noted that Chin was not a supervisor but "a working stiff" with no financial interest in NECC.
Strachan, however, said that Chin gave all the orders in the clean room and "flouted" safety protocols.
"He was not just a low level employee," she said.
Contact: wfrochejr999@gmail.com

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

Cadden, Chin Boston Hearings Wednesday

The two prime defendants in the criminal case stemming from the 2012 fungal meningitis outbreak could face a doubling of their prison sentence and be hit with an $82 million restitution order at a hearing Wednesday.
Barry Cadden and Glen Chin could have their prison sentences boosted to 17.5 years in back-to-back hearings before U.S. District Judge Richard G. Stearns.
Cadden's hearing is scheduled for 10 a.m. followed by Chin's at 11 a.m.
Lawyers for the two defendants have argued that the existing sentences should be retained. Cadden got a nine year sentence, while Chin got an eight year sentence. The two will appear for the hearings via ZOOM.
Contact:wfrochejr999@gmail.com

Ronzio Sentencing Delay Granted

A federal judge has approved an indefinite delay in the sentencing of a former drug company sales chief who pleaded guilty to conspiring to defraud the U.S. Food snd Drug Administration.
U.S. District Judge Richard G. Stearns today approved the motion to delay sentencing Robert A. Ronzio until the 1st Circuit Court of Appeals acts on a related case.
Ronzio was the sales chief for the New England Compounding Center, the company blamed for a deadly fungal meningitis outbreak.
Ronzio, one of 14 people connected to NECC who were indicted following a two-year probe, was the chief government witness in the trials of his former colleagues.
In his order today Stearns instructed the U.S. Attorney's office and Ronzio's attorney, to consult with the court clerk once an appeals court ruling is issued and set a firm sentencing date.
The sentencing had been set for Aug. 18.
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Indefinite Delay Sought on Ronzio Sentencing

By Walter F. Roche Jr.

Prosecutors and the lawyer for a key witness in the criminal probe of the deadly fungal meningitis outbreeak are once again seeking an indefinite delay in his sentencing.
In a three-page filing today in U.S. District Court in Boston, Mass. the opposing lawyers are asking U.S. District Court Judge Richard G. Stearns to postpone indefinitely the sentencing of Robert A. Ronzio.
Ronzio was the chief prosecution witness in a series of criminal trials stemming from the 2012 fungal meningitis outbreak.
Ronzio had been scheduled to be sentenced on Aug. 18, but the joint motion asks that the session be postponed until the 1st Circuit Court of Appeals acts on a closely related case involving two co-defendants, Gregory Conigliaro and Sharon Carter.
All three were employed by the New England Compounding Center, the company that shipped contaminated methylprednisolone acetate all over the country, eventually ending the lives of more than 100 patients.
It was Stearn, who on June 11, 2019 acquitted Conigliaro and Carter of the charge that they conspired to defraud the U.S. Food and Drug Administration. Ronzio, who was NECC's sales director, already had pleaded guilty to the same charge in a plea deal with prosecutors.
The pending appeal seeks to have the acquittal reversed and the jury's guilty verdict against the two restored.
Stearns previously rejected a nearly identical motion for an indefinite postponement when he set the Aug. 18 date. There have now been over a half dozen delays in Ronzio's sentencing.
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Chin Appeal Filed on Murder Charges

By Walter F. Roche Jr.

Conceding that his clean room was not all that clean, lawyers for a former pharmacist charged with second degree murder say prosecutors have failed to satisfy a key element of state law, a specific act of the defendant that caused 11 deaths.
In a 19-page filing with the Michigan Supreme Court, lawyers for Glenn Chin said they wouldn't even dispute the prosecution's claim that their client demonstrated "a wonton and willful disregard of sanitary standards."
Chin and co-defendant Barry Cadden have been charged with the 11 counts of second degree murder as a result of their roles in the 2012 fungal meningitis outbreak. Both are now asking the state's highest court to effectively dismiss the case due to a lack of evidence.
Stating that the prosecution hasn't even tried to identify a specific act by Chin that caused the drugs to become contaminated with deadly fungus, Chin's appeal notes repeatedly that even the prosecution's own evidence show the drug, methylprednisolone acetate, was sterile when it left his control.
Describing the process by which the drugs were produced and placed in vials for shipment, the appeal states, "Something really bad happened somewhere in this chain."
Kevin Gentry, Chin's lead apellate attorney, wrote that prosecutors were attempting to cover up their lack of causal evidence "with a sense of generic responsibility."
The filing describes the history of the case, including the recent Appeals Court decision denying Chin's claim that the case should never be placed before a jury.
Charging that prosecutors in the state Attorney General's office made "a gigantic assumption," the appeal states there was "no evidence at all that defendant Chin caused the contamination or deaths."
The appeal includes a call for "immediate action, noting that Chin already has been confined in the Livingston County Jail for an extended period of time.
Chin and Cadden were previously convicted in U.S. District Court in Boston, Mass. on charges of racketeering, conspiracy and mail fraud. Cadden has been serving a nine-year federal sentence, while Chin was given an eight year sentence.
Regardless of the outcome of the Michigan case, the two could have their federal sentences increased to 17.5 years under a motion set to be heard next month in Boston before U.S. District Court Judge Richard G. Stearns.
Two separate federal juries declined to convict the two of second degree murder as part of a racketeering charge.
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NECC Defendants Get Divorced

By Walter F. Roche Jr.

A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
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Government Defends $82 Million Restitution Request

By Walter F. Roche Jr.

Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
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Chin, Cadden Summoned for Hearing

By Walter F. Roche Jr.

A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
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Chaplain Praises Chin Before Sentencing

By Walter F. Roche Jr.

The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
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Judge Rules In Indiana Clinic Cases

By Walter F. Roche Jr.

An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
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Cadden Appeal Seeks Dismissal of Charges

By Walter F. Roche Jr.

Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
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Svirskiy Transferred to Pre-Release Center

By Walter F. Roche Jr.

One of the defendants in the criminal case triggered by the 2012 fungal meningitis outbreak has been transferred from a Massachusetts federal prison to a pre-release center in Philadelphia.
Federal Bureau of Prisons records show Gene Svirskiy has been transferred from the federal prison in Devens, Mass. to the federal Residential Re-Entry Center. He is scheduled for release on Aug. 26.
Svirskiy was sentenced to a 30-month prison term following his conviction on racketeering, conspiracy and mail fraud charges. Records in U.S. District Court in Boston, Mass. show Svirskiy plans to return to his home in Ashland, Mass.
Those records also show he is planning to go to work in a Massachusetts pharmacy headed by a member of the state Pharmacy Board.
Svirskiy is one of 14 indicted in late 2019 following a two-year probe of the fungal meningitis outbreak caused by drugs shipped from the New England Compounding Center, where Svirskiy was employed. He was not charged with producing the deadly drugs.
Under an agreement with the state Pharmacy Board Svirskiy was allowed to retain his license but with restrictions.
In a related development a federal judge has agreed to allow another NECC defendant, Barry Cadden, to file under seal a motion to oppose a proposal by federal prosecutors to nearly double his nine-year prison sentence.
U.S. District Judge Richard G. Stearns granted Cadden's request, which ensures that the details of Cadden's filing will not be publicly disclosed.
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Cadden Wants Filing Sealed From View

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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Cadden Fights Increased Prison Sentence

By Walter F. Roche Jr.

One of the former pharmacists convicted of racketeering and related charges is asking a federal judge not to nearly double his sentence, but he does concede a $175,000 forfeiture order should be increased but only to $249,538.
In a 42-page filing in U.S. District Court in Boston, Mass. Bruce Singal, the attorney for Barry J. Cadden, wrote that the original nine-year sentence imposed by U.S. District Court Judge Richard G. Stearns met the requirements of law and should not be increased to 17.5 years as proposed by federal prosecutors.
The filing comes ahead of a July 7 hearing before Stearns who was ordered by the !st Circuit Court of Appeals to reconsider the sentences he originally imposed on Cadden and co-defendant Glenn Chin.
The Cadden brief, much like one already filed in Chin's behalf, argues that several sentencing enhancements sought by federal prosecutors are not justified. Those include additional punishment because the victims were not "unusually vulnerable."
Noting that Cadden was not the physician who injected contaminated drugs into the patients, the brief states that Cadden didn't even know who the patients were.
Cadden and Chin were among 14 people connected to the now defunct New England Compounding Center who were indicted in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC while Chin was a supervising pharmacist.
The steroids shipped by NECC in 2012 were riddled with a deadly fungus that traveled up the spines of unsuspecting victims causing death and serious injury.
The Cadden brief charges that it was Chin who failed to act to ensure that the methylprednisolone acetate was sterile.
Citing internal memos that became public during Cadden's 10-week trial, the brief states that Cadden sought to make NECC "bulletproof" by ordering additional testing and faulting Chin for not doing so.
Cadden's sentence, the brief states, should not be increased because prosecutors failed to prove that Cadden acted in reckless disregard of the risk of death or serious injury to patients treated with NECC drugs.
"The government significantly overstates Cadden's relevant conduct," the filing continues, adding that based on past history Cadden had every reason to believe the drugs being shipped out in 2012 were sterile.
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