Thursday, July 28, 2022

US Nitrogen Worker Seriously Injured

By Walter F. Roche Jr.

An unidentified employee of US Nitrogen LLC was seriously injured in late June when a tankful of a volatile and highly reactive chemical slipped off a forklift striking him on the chest and leg and temporarily trapping him.
The accident at the ammonium nitrate plant in Midway Greene County was investigated by the Tennessee Occupational Safety and Health Administration, which has apparently closed its inquiry.
The accident was at least the second at the plant resulting in serious injury to an employee. In a 2016 incident an employee was seriously burned and had to be hospitalized.
In the June 20 incident a crew was attempting to move a tank of sodium hypochlorite with a forklift when the tank slid off the forklift striking the employee.
The employee suffered multiple fractures of the right arm and right leg. He was taken to the Johnson City Medical Center.
In a response to the state agency US Nitrogen said it had revised procedures to avert a recurrence. The company also told state officials it had revised training procedures and established protocols to avoid the overloading of forklifts.
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Tuesday, July 26, 2022

US NitrogenTest Results OK'd

By Walter F. Roche Jr.

Tennessee environmental officials have given quick approval to emission test results submitted by US Nitrogen LLC, a Greene County chemical manufacturer.
In a letter to Dylan Charles, US Nitrogen's plant manager, Bryan Parker, a division manager at the Tennessee Department of Environment and Conservation, said the test results were acceptable to show the company's compliance with provisions of the company's permits to operate the Midway Facility.
The tests were performed by Southern Air Solutions to verify that US Nitrogen's emission monitoring equipment for nitrogen oxides and other emissions from a nitric acid plant and a steam generating boiler were properly recording company emissions. The actual report was prepared by AMP Cherokee.
Stating that TDEC had reviewed the US Nitrogen data, Parker wrote, "Based on this review, the division considers the report technically correct and acceptable for a determination of compliance."
US Nitrogen's permits require the periodic submission of such test data.
The company submitted over 150 pages of data detailing the tests that were conducted in mid-June. The submission noted that the actual results were edited by US Nitrogen and EnSafe, the company's environmental consultant.
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Monday, July 25, 2022

Hospital Patients Cut Off from Oxygen

By Walter F. Roche Jr.

Staff at a Danville hospital failed to ensure oxygen was connected for two dependent patients resulting in the death of one of them within hours of the incident, according to a 34-page report from the state Health Department.
The two oxygen incidents occurred at the 554-bed Geisinger Medical Center when the patients were transferred to the X-Ray department for MRIs.(Magnetic Resonance Imaging).
The first patient, identified only as MR1, was brought for the MRI at 7:45 a.m. on May 21. At that time the physician ordered oxygen was properly connected.
An employee told the state surveyors that staff "didn't feel that the patient was unstable at that time."
At 10:07 a.m. that patient was in cardiac arrest. The patient was revived at 10:22 a.m. but expired at 3:15 p.m.
"It is unknown the exact circumstances of when/howthe oxygen became removed," the report states.
The report cites "the seriousness of the noncompliance and the effect on patient outcome" as reasons for the state citation.` The second patient also had physician ordered oxygen but after, or during transfer to the X-Ray department the nasal cannula became disconnected.
The report states that there was miscommunication between the two nurses handling the patient who was scheduled to be discharged to a mursing home. According to the report the staff also failed to follow hospital policy and check on the status of the patients at 30 minute intervals."
In a plan of correction filed by the hospital, officials said staff would be retrained on the need for patient assessment every 30 minutes and on the process for transferring patients from one department to another.
Officials of Geisinger did not respond to rquestions or requests for comment.
The hospital also was cited for failure to comply with advance directive requirements.
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Monday, July 18, 2022

Adolescent Patient Abused at WellSpan Facility

By Walter F. Roche Jr.

A suicidal adolescent patient at a Pennsylvania hospital was improperly touched by a hospital employee who inexplicably was later allowed to return to caring for the same patient, according to a report from the state Health Department.
An 18-page report on the WellSpring Ephrata Community Hospital, states that officials at the 133-bed hospital "failed to remove an employee from patient care who was being investigated for abuse."
The hospital, the report continues, "allowed the employee to continue to work with the patient with whom the alleged abuse took place."
The unnamed patient was brought to the hospital on April 6 after "self harm was witnessed" in the home. The patient was involuntarily committed and placed on high risk observation, according to health department surveyors. That triggered the appointment of a sitter to watch the patient at all times.
When another employee looked into the video monitor he observed the sitter "sitting on the side of the bed leaning over the patient, who was lying on the bed.
"The employee (sitter)was stroking the patient's arms, face and torso," the report states, adding that another employee who observed the video concluded that the behavior was "not appropriate."
The sitter was then told to leave the patient's room.
"The patient just wanted the employee to leave the room," the report states.
Subsequent attempts to report the incident to a supervisor failed and the employee checked out at the end of the shift, but later called a supervisor at home "because this event could not wait to be reported.
In the mean time the sitter who was never asked to leave, returned to the victim's room until the end of the shift. And, records show, the sitter was assigned to watch the same patient three days later.
The sitter was first placed on administrative leave and terminated on April 18.
In a final finding the report notes the hospital failed to report the suspected abuse to a sister state agency on a timely basis.
The hospital filed a plan of correction in which it promised to institute a training program to educate staffers on the proper procedures to follow in cases of suspected abuse, including initiating actions against the suspected abuser.
In respone to a series of questions to the facility spokesman, Ryan Coyle, said, "We are committed to providing safe, high-quality care for our patients. Following this incident, WellSpan Health worked closely with the Pennsylvania Department of Health to submit an abatement plan that was quickly accepted.
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Saturday, July 16, 2022

US Nitrogen Test Data

Accuracy Test Results
https://dataviewers.tdec.tn.gov/d https:/ataviewers/BGAPC.GET_DOCUMENTS?p_file=55477008693701043
----------------- Bioassessment Results
/dataviewers.tdec.tn.gov/dataviewers/BGWPC.GET_WPC_DOCUMENTS?p_file=184014927837994184

Friday, July 15, 2022

Chin's 10.5- Year Sentence Upheld

By Walter F. Roche Jr.

A federal appeals court has upheld the 10.5 year sentence imposed on a former pharmacist for his role in a deadly 2012 fungal meningitis outbreak that ultimately took the lives of more than 100 patients.
In a 29-page ruling issued today, a three judge panel rejected Glenn Chin's contention that two so-called sentence enhancements did not apply to him.
The panel noted that in setting the 10.5 year sentence a year ago U.S. District Judge Richard G. Stearns was folllowing the findings previously laid out by the same appeals court in a prior ruling in the same case.
"The record here supportably shows that Chin knew in 2012 that NECC's (New England Compounding Center) clean room was grossly contaminated," the ruling, written by Judge David J. Barron, states.
Key in the case was whether Chin's action in overseeing the NECC clean room were in fact reckless and whether the victims, those sickened by the NECC drugs, were vulnerable victims.
The appeals panel found that Chin had been found reckless and the victims, many old and in serious pain, were indeed vulnerable.
Chin had argued that the victims were not vulnerable and his actions were not reckless.
Chin was found guilty of racketeering, conspiracy and multiple counts of mail fraud.
Codefendant Barry Cadden is serving a 14 year sentence on parallel charges. Both Cadden and Chin have also been charged with 11 counts of second degree murder in Livingston County Michigan. Those charges have not yet been presented to a jury.
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Cadden, Chin Motion Hearing Set

By Walter F. Roche Jr.

In a move to save time on long delayed cases, the Michigan Attorney General is asking a Livingston County judge to combine the trials of two former pharmacists each charged with 11 counts of second degree murder.
In a status conference held today the Attorney General asked for the cases of Barry Cadden and Glen Chin to be combined. Judge Michael Hatty set a Sept. 22 date to hear arguments on that request.
The two cases have been on hold for months while Chin and Cadden argued before the state Supreme Court to effectively dismiss the charges. Both appeals were denied.
The two were charged following an investigation into the 2012 fungal meningitis outbreak which took the lives of 12 Livingston County residents.
Cadden was president and part owner of the drug compounding company blamed for the outbreak. Chin was the supervising pharmacist in the clean room where the drugs containing deadly fungi were produced.
Both already have been convicted on racketeering and conspiracy charges in federal court. Two separate federal juries, however declined to convict them on second degree murder charges.
Hatty also scheduled another status conference for Sept. 23.
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US Nitrogen Submits Test Data

US Nitrogen LLC has submitted 150 pages of test data and appendices to Tennessee environmental officials to show that monitoring equipment at a nitric acid plant and a steam generating boiler are accurately recording emission levels. The tests were conducted on June 15 at USN's Greene County plant by Southern Air Solutions and the report was prepared by AMP Cherokee. The cover page to the report states that the contents were modified by US Nitrogen and Ensafe, a US Nitrogen consulting firm. The emissions monitored in the report include nitrogen oxides produced at the plant in the production of weak nitric acid. Contact: wfrochejr999@gmail.com

Thursday, July 14, 2022

USN Parent Completes TN Restoration

By Walter F. Roche Jr.

The parent company of US Nitrogen LLC has completed the first phase of a Tennessee environmental restoration project at the site of what one federal official had labeled "a real mess."
Officials of the Tennessee Department of Environment and Conservation say the Austin Powder facility in Davidson County near Nashville has undergone extensive renovation under the supervision of the U.S. Army Corps of Engineers, the agency that first uncovered numerouus violations.
Kim Schofinski, TDEC spokeswoman, said her agency received a final assessment of the stream restoration, including a written description of the work completed along with photos. Included in the July 30 report were "cross-sectional surveys from a private firm, Civil & Environmental Consultants, Inc.
Austin Powder is the owner of US Nitrogen LLC, which operates in Greene County. Austin Powder, an explosives manufacturer, is based in Ohio. The land clearing and logging were apparently in preparation for construction of additional storage facilities.
Schofinski said the next phase of the restoration project is a monitoring program to ensure that the restoted streams are maintained.
"At this time, monitoring will go into effect. The restored stream reaches will be monitored annually for three years post-construction to document and evaluate the stability and success of restoration efforts," Schofinski wrote in an email response to questions.
In addition to diverting waterways, Austin Powder was cited by the state and the Army Corps for unauthorized clearing and logging on the 638 acre site on Garland Hollow Road in Pegram.
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Tuesday, July 12, 2022

Nolichucky River Usage Jumps in June

By Walter F. Roche Jr.

The industrial use of free water from the Nolichucky River jumped to nearly 20 million gallons in June, according to a report just filed with the Tennessee Department of Environment and Conservation.
The brief report from US Nitrogen LLC shows that the company pumped 19.76 million gallons from the river in June. That compares to 18.85 million gallons the chemical company used in May.
In fact the daily data shows that the amount drawn from the river exceeded one million gallons on 10 days during the month. The largest daily amount was 1.236 million gallons which occurred on June 3.
US Nitrogen, which produces ammonium nitrate and related products, won the right to use the river water from two state agencies. It pays nothing for the water which is pumped to its plant in Midway through a 12 mile pipeline.
US Nitrogen, a subsidiary of Ohio based Austin Powder, also pumps excess water back into the river. In June the discharged water totaled 8.36 million gallons, down from the 9.1 million gallons discharged back into the river in May.
The most discharged in a single day was nearly 600,000 gallons discharged on June 1. Only a minimal amount was discharged to the river on June 5 and from June 22 to June 27.
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Monday, July 11, 2022

A Sad Anniversary

By Walter F. Roche Jr.

Ten years ago this week, a 70 year-old Florida man collapsed while mowing his lawn. Days later he was dead. But it would be still weeks more before Kenneth Denesha was identified as the first victim of a deadly outbreak that ultimately took over 100 lives and sickened some 800 unsuspecting patients.
Today those that survived, scattered over more than a dozen states, still suffer. At best there are those that say their condition has stabilized. For others it has been much worse.
"All told it has been a terrible 10 years," said Randy Dollyhigh, a Michigan victim. Deneesha, Dollyhigh and hundred of others were injected with a drug contaminated with deadly fungi. They had sought relief from excruciating pain only to come back with even more.
A federal investigation of the company that produced the deadly methylprednisolone acetate led to the conviction of 13 persons connected to the New England Compounding Center. Two of the 13 are now facing second degree murder charges in Michigan. For the survivors, life goes on as does the pain. Nearly all were treated with a powerful anti-fungal drug that comes with its own serious side effects.
Randy Dollyhigh said the anti-fungal, voriconazole, caused his glucose levels to soar. "I had no idea it would do that. I was on the drug for a year and now I am insulin dependent. I was not taking anything for diabetes when this mess started," Dollyhigh said.
"All told it has been a terrible ten years," he said, adding that his pain level has increased. The contaminated drugs injected into his body gave him a stroke and three spinal abscesses. Joan Peay, a Nashville area resident, who suffered two bouts of fungal meningitis, said her biggest continuing problem is a loss of comprehension.
"I usually cannot understand people unless they talk slowly. If they talk too fast or too soft, I have no idea what they have said," Peay said, adding that the condition leaves her with a feeling of isolaion.
"Each Sunday I sit through church and the only one I can understand is our pastor who usually speaks loud and clear," she added.
Peay said her other continuing problem is arachnoiditis, a painful spinal ailment cited by several of the surviving victims. My health and life prior to October 1, 2012 was a very productive one. Now I haven't been able to work since November 8, 2012. My health is horrible, " said Pamela Kidd.
"I live in chronic pain all day long, I have no energy, no motivation at all, actually I feel like a prisoner in my own body. I've gained weight from not being able to walk anymore. I used to walk 2-3 miles a day and ate somewhat healthy. Now I hardly cook, and I used to cook and bake all the time, so I'm not eating healthy much at all, mostly fast food and delivery from restaurants.
My short term memory is terrible."
"I have no friends like I used to, it's like they think they are going to catch it from me," said Kidd.
Kenneth Borton is a victim who feels that while it has not improved his condition has stabilized, in part due to finding a "wonderful doctor" who is treating him and keeping the pain at a tolerable level.
doctor that is treating his pain and keeping it at a tolerable level.
Apart from the physical burdens Borton and his wife Donna say they have been frustrated by a justice syatem "that has been incredibly slow and hugely frustrating."
They were referring to the criminal cases against Barry Cadden and Glenn Chin, the two former pharmacists charged with 13 counts of second degree murder for their roles in causing the outbreak.
The two are expected to go to trial later this year in Livingston County Michigan some ten years after the deadly outbreak. "We would love to see the charges against them move forward," said Donna Borton.
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