By Walter F. Roche Jr.
A Greene County chemical firms used temporary generators at its Midway plant for a total of 320.5 hours, ending on Sept. 30 when the regular in-house generator was finally repaired.
That's what US Nitrogen LLC said in a report just filed with the Tennessee Department of Environment and Conservation, the agency which authorized the use of the two temporary generators.
In a letter to James Johnston at TDEC USN's Dylan Charles reported a 250 horsepower generator was in use for a total of eight days and 170 hours, while a 300 horsepower generator ran for nine days for a total of 150.5 hours.
The ammonium nitrate manufacturer sought approval for use of the temporary generators when a leak developed in the in-house unit.
The company said the temporary boilers would produce negligble emissions and should be exempt from a permit requirement.
TDEC agreed and gave the company the go-ahead with the condition that the temporary boiler equipment could only be used for 14 days.
Contact: wfrochejr999@gmail.com
Thursday, October 27, 2022
Unmonitored UPMC Patient Found Dead
By Walter F. Roche Jr.
A patient who was supposed to have been immediately placed on monitors was found pulseless at UPMC Lock Haven on Aug. 12, just after midnight, according to a critical 36-page report from the Pennsylvania Health Department.
According to the report, which was recently made public, the unnamed patient was admitted to the facility on Aug. 11. A physician ordered a continuous cardiac monitor with telemetry. The monitor, hospital records show, had yet to be hooked up when the patient was found lifeless early in the day on Aug. 12.
An order for a pulse oximetry monitor was also ignored.
Hospital officals did not respond to questions on the report.
As the report states, the exact time of death could not be determined, nor could it be determined if the patient could have been saved.
"Therefore," the report states, "staff was unaware the patient was decomposing, resulting in a delay in staff intervention which potentially contributed to the demise of the patient."
According to the report the last check on the patient came at 11:04 p.m., a little over an hour before the patient was found lifeless.
Although an emergency reponse team was summoned, no action was taken because the patient was under a do not resuscitate order.
Citing the seriousness of the deficiency, state health surveyors declared a state of immediate jeopardy, forcing hospital officials to come up with an immediate corrective action plan.
A plan was submitted calling for staff to immediately place cardiac monitors on arriving patients when ordered by the admitting physician.
The report cites the facility for other deficiencies including failure to respond to a patient grievance and failure to adequately supervise the medical/surgical staff.
The surveyors found that other patients were not immediately placed on monitors and still others were not administered pain medications as a doctor had ordered.
Doctors orders were not promptly implemented for four of six cases reviewed, according to the report. In one case a doctor's orders were not implemented for eight hours.
Contact: wfrochejr999@gmail.com
A patient who was supposed to have been immediately placed on monitors was found pulseless at UPMC Lock Haven on Aug. 12, just after midnight, according to a critical 36-page report from the Pennsylvania Health Department.
According to the report, which was recently made public, the unnamed patient was admitted to the facility on Aug. 11. A physician ordered a continuous cardiac monitor with telemetry. The monitor, hospital records show, had yet to be hooked up when the patient was found lifeless early in the day on Aug. 12.
An order for a pulse oximetry monitor was also ignored.
Hospital officals did not respond to questions on the report.
As the report states, the exact time of death could not be determined, nor could it be determined if the patient could have been saved.
"Therefore," the report states, "staff was unaware the patient was decomposing, resulting in a delay in staff intervention which potentially contributed to the demise of the patient."
According to the report the last check on the patient came at 11:04 p.m., a little over an hour before the patient was found lifeless.
Although an emergency reponse team was summoned, no action was taken because the patient was under a do not resuscitate order.
Citing the seriousness of the deficiency, state health surveyors declared a state of immediate jeopardy, forcing hospital officials to come up with an immediate corrective action plan.
A plan was submitted calling for staff to immediately place cardiac monitors on arriving patients when ordered by the admitting physician.
The report cites the facility for other deficiencies including failure to respond to a patient grievance and failure to adequately supervise the medical/surgical staff.
The surveyors found that other patients were not immediately placed on monitors and still others were not administered pain medications as a doctor had ordered.
Doctors orders were not promptly implemented for four of six cases reviewed, according to the report. In one case a doctor's orders were not implemented for eight hours.
Contact: wfrochejr999@gmail.com
Wednesday, October 26, 2022
US Nitrogen Seeks Two Month Delay
By Walter F. Roche Jr.
A Greene County chemical firm is seeking a two month delay in the installation of a retention pond which will reduce excess nitrogen runoffs at its Midway facility.
In an Oct. 24 letter to an official of the Tennessee Department of Environment and Conservation Dylan Charles, US Nitrogen's plant manager, wrote that delays in contractor availability made it impossible to meet the next day's deadline.
The Oct. 25 deadline was set a year ago when the company filed a plan to curb excess nitrogen/nitrate concentrations at one of its outfalls.
As Charles wrote, the excesses beyond permitted levels were detected at an outfall from a detention pond.
According to Charles, the corrective action plan calls for installation of a lined stormwater detention pond. All the necessary supplies are already on site and installation of the liner was scheduled for this week.
Finally, he concluded a new pump must be installed.
"Due to contractor availability," Charles wrote that it will take until Dec. 31 for the project to be completed, two months beyond the original deadline.
The request came by email one day before the original deadline.
Contact: wfrochejr999@gmail.com
A Greene County chemical firm is seeking a two month delay in the installation of a retention pond which will reduce excess nitrogen runoffs at its Midway facility.
In an Oct. 24 letter to an official of the Tennessee Department of Environment and Conservation Dylan Charles, US Nitrogen's plant manager, wrote that delays in contractor availability made it impossible to meet the next day's deadline.
The Oct. 25 deadline was set a year ago when the company filed a plan to curb excess nitrogen/nitrate concentrations at one of its outfalls.
As Charles wrote, the excesses beyond permitted levels were detected at an outfall from a detention pond.
According to Charles, the corrective action plan calls for installation of a lined stormwater detention pond. All the necessary supplies are already on site and installation of the liner was scheduled for this week.
Finally, he concluded a new pump must be installed.
"Due to contractor availability," Charles wrote that it will take until Dec. 31 for the project to be completed, two months beyond the original deadline.
The request came by email one day before the original deadline.
Contact: wfrochejr999@gmail.com
Wednesday, October 19, 2022
Cadden, Chin Hearing Moved Back
The next hearing date in the second degree murder case of two former pharmacists has been moved back to next week.
Livingston Circuit Judge Michael P. Hatty has set the date of the settlement conference at 1:30 p.m. Monday.The hearing had been scheduled for this week. Barry J. Cadden and Glenn A. Chin have been charged with 13 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
Other dates set recently by Hatty include a Nov. 10 session on a motion by Chin's lawyer, James Buttrey, for the prosecution to file a bill of particulars, showing the details of the specific charges.
It is unclear if the sessions will be open to the public.
Hatty also set dates for future status conferences - Nov. 10, No v.17 or Nov. 22. The dates are subject to change if there are scheduling conflicts.
Cadden was president and part owner of the New England Compounding Center, the company that caused the deadly outbreak.
Chin was a supervisor in the clean room where drugs infested with deadly fungi were produced.
Contact: wfrochejr999@gmail.com
Livingston Circuit Judge Michael P. Hatty has set the date of the settlement conference at 1:30 p.m. Monday.The hearing had been scheduled for this week. Barry J. Cadden and Glenn A. Chin have been charged with 13 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
Other dates set recently by Hatty include a Nov. 10 session on a motion by Chin's lawyer, James Buttrey, for the prosecution to file a bill of particulars, showing the details of the specific charges.
It is unclear if the sessions will be open to the public.
Hatty also set dates for future status conferences - Nov. 10, No v.17 or Nov. 22. The dates are subject to change if there are scheduling conflicts.
Cadden was president and part owner of the New England Compounding Center, the company that caused the deadly outbreak.
Chin was a supervisor in the clean room where drugs infested with deadly fungi were produced.
Contact: wfrochejr999@gmail.com
Tuesday, October 18, 2022
Hershey Transplant Woes Deepen
By Walter F. Roche Jr
There have been even more key departures from the Milton S. Hershey Medical Center's troubled transplant program and hospital officials failed to promptly report those vacancies to federal regulators as required.
In a four-page report made public this week, officials of the state Health Department said Hershey administrators finally reported the departures to federal officials only after the state surveyors questioned facility officials in August about vacancies dating back to April.
The reports comes after Hershey was forced to shutdown indefinitely the abdominal transplant program as a result of a highly critical state Health Department report.
The departures cited in the report include the abdominal transplant manager who departed on April 11, a transplant coordinator who left on May 20 and a primary liver transplant surgeon who left April 6.
The report notes that Hershey was required to report immediately to federal officials any significant changes in the transplant programs.
The transplant program resignations were followed by the abrupt resignation of the medical center's president Deborah Berini on Aug. 29. No reason was given for her departure.
During the Aug. 10 revisit state health officials requested that Hershey submit a detailed list of any departures that could affect the quality of the transplant program. The report was submitted on Aug. 18 and health officials returned to Hershey on Aug. 29 to review and verify the information.
According to the report Hershey failed to notify the U.S. Centers for Medicare and Medicaid Services of the abdominal transplant manager's departue until till Aug. 17 and the liver transplant surgeon's departure until May 10.
Hershey also failed to report as required the departure to the Organ Procurement and Transplantation Network. Nor were the departures noted in the Plan of Correction Hershey submitted in response to the original critical Health Department report.
Contact: wfrochejr999@gmail.com
There have been even more key departures from the Milton S. Hershey Medical Center's troubled transplant program and hospital officials failed to promptly report those vacancies to federal regulators as required.
In a four-page report made public this week, officials of the state Health Department said Hershey administrators finally reported the departures to federal officials only after the state surveyors questioned facility officials in August about vacancies dating back to April.
The reports comes after Hershey was forced to shutdown indefinitely the abdominal transplant program as a result of a highly critical state Health Department report.
The departures cited in the report include the abdominal transplant manager who departed on April 11, a transplant coordinator who left on May 20 and a primary liver transplant surgeon who left April 6.
The report notes that Hershey was required to report immediately to federal officials any significant changes in the transplant programs.
The transplant program resignations were followed by the abrupt resignation of the medical center's president Deborah Berini on Aug. 29. No reason was given for her departure.
During the Aug. 10 revisit state health officials requested that Hershey submit a detailed list of any departures that could affect the quality of the transplant program. The report was submitted on Aug. 18 and health officials returned to Hershey on Aug. 29 to review and verify the information.
According to the report Hershey failed to notify the U.S. Centers for Medicare and Medicaid Services of the abdominal transplant manager's departue until till Aug. 17 and the liver transplant surgeon's departure until May 10.
Hershey also failed to report as required the departure to the Organ Procurement and Transplantation Network. Nor were the departures noted in the Plan of Correction Hershey submitted in response to the original critical Health Department report.
Contact: wfrochejr999@gmail.com
Monday, October 17, 2022
More Legal Fees In Campbell Estate
By Walter F. Roche Jr.
The widow of singer songwriter Glen Campbell is seeking court approval for an additional $15,272 in legal fees pushing the total to a single firm to $320,362.
In a petition filed in probate court in Nashville Kimberly Campbell is askng the court to approve the payment to the firm of Sherrard Roe Voigt and Harbison. The total includes $414.85 in expenses.
In a filing defending the request estate attorneys said the fees were reasonable and consistent.
The billing shows hourly rates for those providing services ranged from $250 to $775 an hour.
Legal fees incurred in the estate case have been controversial with the hourly fees by one firm reaching $1,050 per hour. Those fees were ultimately approved. Campbell died in 2017 after a long battle with Alzheimer's disease.
The widow of singer songwriter Glen Campbell is seeking court approval for an additional $15,272 in legal fees pushing the total to a single firm to $320,362.
In a petition filed in probate court in Nashville Kimberly Campbell is askng the court to approve the payment to the firm of Sherrard Roe Voigt and Harbison. The total includes $414.85 in expenses.
In a filing defending the request estate attorneys said the fees were reasonable and consistent.
The billing shows hourly rates for those providing services ranged from $250 to $775 an hour.
Legal fees incurred in the estate case have been controversial with the hourly fees by one firm reaching $1,050 per hour. Those fees were ultimately approved. Campbell died in 2017 after a long battle with Alzheimer's disease.
Multiple Violations at TN Veterans Home
By Walter F. Roche Jr.
Significant medication errors and failure to follow doctors orders were just two of multiple violations turned up in an August Medicare inspection of the Hollidaysburg Veterans Center,a state owned 257-bed nursing home in Blair County.
The just-released 27-page report from the state Health Department concluded that the facility did not meet the minimum requirements of the federal Medicare program.
"The facility failed to ensure residents received care and treatment in accordance with professional standards of practice," the report states.
Home officials submitted a corrective action plan which is being implemented, but officials of the state Department of Military and Veterans Affairs, which runs the six state-owned veterans homes did not respond to a series of questions about the report.
The medication errors cited included the case of a heart patient who was prescibed digoxin but only if his heart rate was within prescribed parameters. A review of records showed the patient was given the drug multiple times when his pulse rate was not within the precribed range.
In addition facility records showed the patient's physician was not informed of those "significant" errors.
In another case cited in the report a patient diagnosed with multiple sclerosis suffered a deep tissue injury in the leg caused by a brace a doctor prescribed. However a consultant at the facility had concluded the brace should be removed.
The consultant's recommendation was never passed along to the doctor and the patient continued to wear the brace and then suffered the deep tissue injury.
"There was no documented evidence that the orthopedic clinic was notified about the new wound or the request for the brace to be removed until it (the wound) healed," the report states.
Still other issues raised by the state surveyors include the lack of assistance provided to a resident whose hearing aid was lost during transfer to the Covid area and the inexplicable decision to deprive some patients of metal eating utensils.
The surveyors witnessed a staffer failing to follow infection control procedures in caring for a patient suffering from scabies and another patient was observed with his catheter bag dragging on the floor. Contact: wfrochejr999@gmail.com
Significant medication errors and failure to follow doctors orders were just two of multiple violations turned up in an August Medicare inspection of the Hollidaysburg Veterans Center,a state owned 257-bed nursing home in Blair County.
The just-released 27-page report from the state Health Department concluded that the facility did not meet the minimum requirements of the federal Medicare program.
"The facility failed to ensure residents received care and treatment in accordance with professional standards of practice," the report states.
Home officials submitted a corrective action plan which is being implemented, but officials of the state Department of Military and Veterans Affairs, which runs the six state-owned veterans homes did not respond to a series of questions about the report.
The medication errors cited included the case of a heart patient who was prescibed digoxin but only if his heart rate was within prescribed parameters. A review of records showed the patient was given the drug multiple times when his pulse rate was not within the precribed range.
In addition facility records showed the patient's physician was not informed of those "significant" errors.
In another case cited in the report a patient diagnosed with multiple sclerosis suffered a deep tissue injury in the leg caused by a brace a doctor prescribed. However a consultant at the facility had concluded the brace should be removed.
The consultant's recommendation was never passed along to the doctor and the patient continued to wear the brace and then suffered the deep tissue injury.
"There was no documented evidence that the orthopedic clinic was notified about the new wound or the request for the brace to be removed until it (the wound) healed," the report states.
Still other issues raised by the state surveyors include the lack of assistance provided to a resident whose hearing aid was lost during transfer to the Covid area and the inexplicable decision to deprive some patients of metal eating utensils.
The surveyors witnessed a staffer failing to follow infection control procedures in caring for a patient suffering from scabies and another patient was observed with his catheter bag dragging on the floor. Contact: wfrochejr999@gmail.com
Friday, October 14, 2022
Cadden's Sentence Upheld
By Walter F. Roche Jr.
A federal appeals court today upheld the 14.5 year sentence imposed on a former pharmacist who was convicted on charges of racketeering, conspiracy and mail fraud for his role in a deadly fungal meningitis outbreak.
Barry J. Cadden, who is now facing second degree murder charges in a related Michigan prosecution, had challenged enhancements imposed in his prior sentencing.
He also argued that his sentence was increased excessively compared to the one imposed on co-defendant Glenn Chin. In a separate action Chin's sentence was upheld by the U.S. Supreme Court
" Cadden was the president and part owner of the now defunct New England Compounding Center, the company blamed for the 2012 outbreak which ultimately took the ultimately took the lives of more than 100 patients across the country. Chin was a supervisory pharmacist.
Chief Judge David Barron, who wrote the 16-page opinion, stated that the two cases did not present an "apples to apples comparison."
He noted that during their sentencing sessions Chin expressed "true contrition", while Cadden declined to speak instead referring back to comments he made during a prior sentencing. In contrast Chin's comments showed contrition and "genuine reflection," the opinion states.
Cadden had cited the disparity in claiming his sentence was excessive.
Barron did concede that in a prior sentencing the gap between Chin and Cadden's sentence was 11 percent but increased to 28 per cent in the re-sentencing.
He concluded that the gap between Cadden and Chin's sentences was not impermissibly disparate.
An $82 million restitution order against both Chin and Cadden remains in place under the latest ruling.
Contact: wfrochejr999@gmail.com
A federal appeals court today upheld the 14.5 year sentence imposed on a former pharmacist who was convicted on charges of racketeering, conspiracy and mail fraud for his role in a deadly fungal meningitis outbreak.
Barry J. Cadden, who is now facing second degree murder charges in a related Michigan prosecution, had challenged enhancements imposed in his prior sentencing.
He also argued that his sentence was increased excessively compared to the one imposed on co-defendant Glenn Chin. In a separate action Chin's sentence was upheld by the U.S. Supreme Court
" Cadden was the president and part owner of the now defunct New England Compounding Center, the company blamed for the 2012 outbreak which ultimately took the ultimately took the lives of more than 100 patients across the country. Chin was a supervisory pharmacist.
Chief Judge David Barron, who wrote the 16-page opinion, stated that the two cases did not present an "apples to apples comparison."
He noted that during their sentencing sessions Chin expressed "true contrition", while Cadden declined to speak instead referring back to comments he made during a prior sentencing. In contrast Chin's comments showed contrition and "genuine reflection," the opinion states.
Cadden had cited the disparity in claiming his sentence was excessive.
Barron did concede that in a prior sentencing the gap between Chin and Cadden's sentence was 11 percent but increased to 28 per cent in the re-sentencing.
He concluded that the gap between Cadden and Chin's sentences was not impermissibly disparate.
An $82 million restitution order against both Chin and Cadden remains in place under the latest ruling.
Contact: wfrochejr999@gmail.com
Thursday, October 13, 2022
Chin Attorney Seeks Details on Murder Charges
By Walter F. Roche Jr.
The attorney for a former pharmacist charged with multiple counts of second degree murder is asking a Michigan judge to order prosecutors to disclose exactly what specific actions are alleged to have caused the deaths.
In a motion filed yesterday in Livingston Circuit Court in behalf of Glenn A. Chin, attorney James D.A. Buttrey argued that "it is only fair" that prosecutors from the Michigan Attorney's office disclose what alleged acts by Chin constituted a crime.
Chin and co-defendant Barry Cadden have been charged with 13 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the outbreak. Chin was the supervising pharmacist in the clean room where fungus ridden steroids were produced.
The motion argues that the defense has a right to know the factual basis for the charges.
The request to Judge Michael P. Hatty comes in advance of a series of hearings scheduled for next several weeks. Battrey has raised the same arguments in appeals heard and denied by the Michigan Court of Appeals and the Michigan Supreme Court. The appeals were denied. The session on the bill of particulars in the case is set for Nov. 10 with a subsequent pre-trial session on on Nov. 17 or Nov. 22. A settlement conference is set for Nov. 24 at 1:30 p.m. Contact: wfrochejr999@gmail.com
The attorney for a former pharmacist charged with multiple counts of second degree murder is asking a Michigan judge to order prosecutors to disclose exactly what specific actions are alleged to have caused the deaths.
In a motion filed yesterday in Livingston Circuit Court in behalf of Glenn A. Chin, attorney James D.A. Buttrey argued that "it is only fair" that prosecutors from the Michigan Attorney's office disclose what alleged acts by Chin constituted a crime.
Chin and co-defendant Barry Cadden have been charged with 13 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the outbreak. Chin was the supervising pharmacist in the clean room where fungus ridden steroids were produced.
The motion argues that the defense has a right to know the factual basis for the charges.
The request to Judge Michael P. Hatty comes in advance of a series of hearings scheduled for next several weeks. Battrey has raised the same arguments in appeals heard and denied by the Michigan Court of Appeals and the Michigan Supreme Court. The appeals were denied. The session on the bill of particulars in the case is set for Nov. 10 with a subsequent pre-trial session on on Nov. 17 or Nov. 22. A settlement conference is set for Nov. 24 at 1:30 p.m. Contact: wfrochejr999@gmail.com
Supreme Court Denies Chin Appeal
By Walter F. Roche Jr.
The U.S. Supreme Court this week denied a former pharmacist's appeal of a 10.5 year sentence for his role in the 2012 fungal menngitis outbreak.
The high court listed Chin's appeal in a routine listing of dozens of cases being denied the right to pursue an appeal.
Chin, 54, was a supervising pharmacist at the now defunct New England Compounding Center, the Massachusetts company blamed for the deadly fungal menningitis outbreak. The outbreak eventually killed over 100 people.
Chin was the supervising pharmacist in the clean room where the fungus laden steroids were prepared.
Chin had appealed charging that two so-called sentence enhancements should not have been applied to him.
Chin had originally been sentenced to eight years in prison by U.S. District Judge Richard G. Stearns, but the 1st Circuit Court of appeals ruled that Stearns had been too lenient.
Contact: wfrochejr999@gmail.com
The U.S. Supreme Court this week denied a former pharmacist's appeal of a 10.5 year sentence for his role in the 2012 fungal menngitis outbreak.
The high court listed Chin's appeal in a routine listing of dozens of cases being denied the right to pursue an appeal.
Chin, 54, was a supervising pharmacist at the now defunct New England Compounding Center, the Massachusetts company blamed for the deadly fungal menningitis outbreak. The outbreak eventually killed over 100 people.
Chin was the supervising pharmacist in the clean room where the fungus laden steroids were prepared.
Chin had appealed charging that two so-called sentence enhancements should not have been applied to him.
Chin had originally been sentenced to eight years in prison by U.S. District Judge Richard G. Stearns, but the 1st Circuit Court of appeals ruled that Stearns had been too lenient.
Contact: wfrochejr999@gmail.com
Thursday, October 6, 2022
US Nitrogen Files River Use Report
By Walter F. Roche Jr.
US Nitrogen LLC pumped nearly 20 million gallons of water from the Nolichucky River in September, according to a report filed this week with the Tennessee Department of Environment and Conservation.
The monthly report shows that the company drew some 1.0535 million gallons from the river on Sept. 5 and Sept. 6. Minimal amounts were taken on Sept. 19 and Sept. 20, according to the one-page report.
The September total compares with the 26.35 million gallons drawn from the river in August.
The Midway ammonium nitrate manufacturer also pumped 8.82 million gallons of waste water back into the river during September. On 10 days during the month only minimal amounts were discharged while over 700,000 gallons were discharged into the river on Sept. 14 and Sept. 27.
In August US Nitrogen pumped 11.6 million gallons back in to the river.
The company, a subsidiary of Ohio based Austin Powder, obtained state permits to take water from the river and pump the excess back into the Nolichucky.
The water is pumped from mile marker 20.8 on the Nolichucky through a 12 mile pipeline to the Midway manufacturing facility.
Contact: wfrochejr999@gmail.com
US Nitrogen LLC pumped nearly 20 million gallons of water from the Nolichucky River in September, according to a report filed this week with the Tennessee Department of Environment and Conservation.
The monthly report shows that the company drew some 1.0535 million gallons from the river on Sept. 5 and Sept. 6. Minimal amounts were taken on Sept. 19 and Sept. 20, according to the one-page report.
The September total compares with the 26.35 million gallons drawn from the river in August.
The Midway ammonium nitrate manufacturer also pumped 8.82 million gallons of waste water back into the river during September. On 10 days during the month only minimal amounts were discharged while over 700,000 gallons were discharged into the river on Sept. 14 and Sept. 27.
In August US Nitrogen pumped 11.6 million gallons back in to the river.
The company, a subsidiary of Ohio based Austin Powder, obtained state permits to take water from the river and pump the excess back into the Nolichucky.
The water is pumped from mile marker 20.8 on the Nolichucky through a 12 mile pipeline to the Midway manufacturing facility.
Contact: wfrochejr999@gmail.com
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