By Walter F. Roche Jr.
State Health inspectors have determined there were multiple violatons of state and federal mandates in the care provided to a patient who died at a tiny rural Pennsylvania hospital in mid-April.
In a 33-page report recently made public, the state health reviewers found the deficiencies went from the bottom to the very top of the 47-bed Chan-Soon Shiong Medical Center in Windber Somerset County.
The reviewers found the vomiting patient died on April 19 because of a lack of equipment - a functioning sunction machine- and lack of qualified personnel - a respiratory therapist clocked out 15 minutes before the patient went into crisis.
The hospital is owned by a non-profit controlled by Patrick Soon Shiong, a California billionaire and medical researcher. He is listed as the head of a web of non-profits including those controling the Somerset County hospital.
The report concludes that the hospital's board failed to annually review the person responsible for managing the hospital, a requirement. In fact the official's performance was never reviewed.
Hospital officials did not respond to questions about the death and the report.
Most of the report centers on the care provided to an unnamed patient who had undergone surgery at the facility.
A review of the patient's record showed an unexplained weight gain starting on April 10 and ending on the date of death, April 19. The patient's weight jumped from 171.8 on April 10 to
192.4 on April 12 and 190 pounds on the day of death.
"No action was taken to address the weight gain," the report states. In addition the patient was suffering from growing edema, spreading from his feet to groin.
The surveyors said that when the patient went into crisis on April 19, a Code Blue was called when a call for a more thorough Rapid Response Team was called for under hospital policies.
In its plan of correction the hospital, formerly known as the Windber Medical Center, realligned staff and re-educated the staff on proper procedures.
The surveyors also found the suction machine first used on the patient was not properly functioning and the lid of a cannister was not secure. A second sunctioning machine couldn't be located even on the crash cart.
Employees questioned said they were unaware suctioning equipment was required on crash carts. The hospital's plan of correction promises they will now be installed.
A review of the patient's record showed that on 34 occasions hospital employees failed to administer physician ordered anti-hypertensive medications to the patient.
contact: wfrochejr999#gmail.com
Monday, November 21, 2022
Friday, November 18, 2022
Cadden, Chin Trials Off Till 2023
By Walter F. Roche Jr.
The trials of two former pharmacists charged with 11 counts of second degree murder are apparently months away as the judge on the case has set an April 14 date for another preliminary hearing.
Livingston County Circuit Judge Michael P. Hatty set status hearings for April 14 of next year for Glenn Chin and Barry Cadden. Hatty also denied a motion by Cadden's attorney to bar the use of evidence previously collected by federal investigators in their probe of the two men.
In both the federal and Michigan cases, Cadden and Chin have been charged for their roles in the 2012 fungal meningitis outbreak which ultimately killed over 100 patients across the country including 11 in Livingston County.
In separate federal trials the two were acquitted of second degree murder racketeering charges but were found guilty of racketeering, conspiracy and related fraud charges. Cadden was sentenced to 14.5 years on the federal charges while Chin got a 10.5 year federal sentence.
Hatty previously ruled that the two defendants must be tried separately. He also denied motions to force prosecutors from the Michigan Attorney General's office to file a so-called bill of particulars, giving more detailed evidence on each of the charges.
In a statement issued today Michigan Attorney General Dana Nessel said," “Eleven Michiganders tragically died as a result of a lack of concern for patient safety.”
“My department looks forward in taking the next steps to seek justice for the victims and their families,”she added.
Cadden was president and part owner of the New England Compounding Center, the company that produced thousands of vials of methylprednisolone acetate loaded with a deadly fungus. The steroids were injected into the spines and joints of unsuspecting patients. In addition to the 100 deaths more than 700 were sickened, many seriously.
Chin was a supervising pharmacist at NECC overseeing the clean room where the deadly drugs were produced.
Contact: wfrochejr999@gmail.com
The trials of two former pharmacists charged with 11 counts of second degree murder are apparently months away as the judge on the case has set an April 14 date for another preliminary hearing.
Livingston County Circuit Judge Michael P. Hatty set status hearings for April 14 of next year for Glenn Chin and Barry Cadden. Hatty also denied a motion by Cadden's attorney to bar the use of evidence previously collected by federal investigators in their probe of the two men.
In both the federal and Michigan cases, Cadden and Chin have been charged for their roles in the 2012 fungal meningitis outbreak which ultimately killed over 100 patients across the country including 11 in Livingston County.
In separate federal trials the two were acquitted of second degree murder racketeering charges but were found guilty of racketeering, conspiracy and related fraud charges. Cadden was sentenced to 14.5 years on the federal charges while Chin got a 10.5 year federal sentence.
Hatty previously ruled that the two defendants must be tried separately. He also denied motions to force prosecutors from the Michigan Attorney General's office to file a so-called bill of particulars, giving more detailed evidence on each of the charges.
In a statement issued today Michigan Attorney General Dana Nessel said," “Eleven Michiganders tragically died as a result of a lack of concern for patient safety.”
“My department looks forward in taking the next steps to seek justice for the victims and their families,”she added.
Cadden was president and part owner of the New England Compounding Center, the company that produced thousands of vials of methylprednisolone acetate loaded with a deadly fungus. The steroids were injected into the spines and joints of unsuspecting patients. In addition to the 100 deaths more than 700 were sickened, many seriously.
Chin was a supervising pharmacist at NECC overseeing the clean room where the deadly drugs were produced.
Contact: wfrochejr999@gmail.com
Saturday, November 12, 2022
Conigliaro House Goes for $4 million
By Walter F. Roche Jr.
With a court ordered lien lifted, one of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has sold a suburban Boston home for $4 million.
Records at the Norfolk County Registry of Deeds show Douglas Congliaro and his wife, Carla, sold their 8,934 foot Dedham home for $4 million on Sept. 30.
Conigliaro recently asked a federal court judge to lift a lien that had been placed on the property after he and his wife were charged with making structured withdrawals from bank accounts to evade reporting requirements.
U.S. District Judge Richard G. Stearns granted the motion and lifted the $250,000 lien.
Conigliaro was one of 14 charged in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak.
Douglas and Carla Conigliaro pleaded guilty to reduced charges and were sentenced to probation, which they have already served. They were not charged for involvement in the deadly outbreak that resulted in the deaths of more than 100 patients across the country.
The Dedham home was purchased in 2001 for a little over $1 million and had been on the market since Spring with an asking price of more than $4 million. The 8,934 home has seven bedrooms, eight baths, a Christopher Peacock kitchen, an outdoor swimming pool and includes acess to the Charles River.
Conigliaro is listed on the deeds as residing in Winter Park, Florida in a lake front home he purchased for $1.2 million in 2005. The Conigliaros also own a $4.2 million Beacon Hill condo.
Contact: wfrochejr999@gmail.com
With a court ordered lien lifted, one of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has sold a suburban Boston home for $4 million.
Records at the Norfolk County Registry of Deeds show Douglas Congliaro and his wife, Carla, sold their 8,934 foot Dedham home for $4 million on Sept. 30.
Conigliaro recently asked a federal court judge to lift a lien that had been placed on the property after he and his wife were charged with making structured withdrawals from bank accounts to evade reporting requirements.
U.S. District Judge Richard G. Stearns granted the motion and lifted the $250,000 lien.
Conigliaro was one of 14 charged in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak.
Douglas and Carla Conigliaro pleaded guilty to reduced charges and were sentenced to probation, which they have already served. They were not charged for involvement in the deadly outbreak that resulted in the deaths of more than 100 patients across the country.
The Dedham home was purchased in 2001 for a little over $1 million and had been on the market since Spring with an asking price of more than $4 million. The 8,934 home has seven bedrooms, eight baths, a Christopher Peacock kitchen, an outdoor swimming pool and includes acess to the Charles River.
Conigliaro is listed on the deeds as residing in Winter Park, Florida in a lake front home he purchased for $1.2 million in 2005. The Conigliaros also own a $4.2 million Beacon Hill condo.
Contact: wfrochejr999@gmail.com
Thursday, November 10, 2022
Yara Drops Out of USN Project
By Walter F. Roche Jr.
Yara North America, the third participant in a massive industrial project in Midway, TN. has abruptly pulled out of the sometimes controversial project headed up by US Nitrogen LLC.
The withdrawal was made official in a brief letter sent this week to Tennessee environmental officials by Henri Groenen, a Yara vice president. In the letter Groenen said the company was surrendering the two permits the company currently holds, but never really utilized.
The third company on the Midway site, Praxair, remains and both Praxair and US Nitrogen are currently operating. Praxair produces liquefied carbon dioxide, while US Nitrogen manufactures ammonium nitrate.
Yara planned to produce calcium nitrate at the facility and while it obtained state permits never erected a manufacturing facility and submitted annual reports to TDEC stating that operations had yet to begin.
In his letter Groenen thanked TDEC officials for their assistance and cooperation. He offered no explicit explanation for the withdrawal.
"Unfortunately we were not able to greenlight the final investment decision for this project after so many years of diligent work by many people," Groenen wrote in the letter to TDEC's Amanda Davis and other agency officials. Contact:wfrochejr999@gmail.com
Yara North America, the third participant in a massive industrial project in Midway, TN. has abruptly pulled out of the sometimes controversial project headed up by US Nitrogen LLC.
The withdrawal was made official in a brief letter sent this week to Tennessee environmental officials by Henri Groenen, a Yara vice president. In the letter Groenen said the company was surrendering the two permits the company currently holds, but never really utilized.
The third company on the Midway site, Praxair, remains and both Praxair and US Nitrogen are currently operating. Praxair produces liquefied carbon dioxide, while US Nitrogen manufactures ammonium nitrate.
Yara planned to produce calcium nitrate at the facility and while it obtained state permits never erected a manufacturing facility and submitted annual reports to TDEC stating that operations had yet to begin.
In his letter Groenen thanked TDEC officials for their assistance and cooperation. He offered no explicit explanation for the withdrawal.
"Unfortunately we were not able to greenlight the final investment decision for this project after so many years of diligent work by many people," Groenen wrote in the letter to TDEC's Amanda Davis and other agency officials. Contact:wfrochejr999@gmail.com
Judge Denies NECC Defendants' Motions
A Michigan judge today denied a motion for more detailed information from prosecutors sought by the two former pharmacists facing multiple second degree murder charges.
Livingston County Circuit Judge Michael P. Hatty denied the motion for bills of particulars following arguments by lawyers for Barry Cadden, Glenn Chin and prosecutors from the Michigan Attorney General's office.
Chin and Cadden's lawyers argued that without more detail about the charges they would be unable to provide a full defense.
Prosecutors responded by pointing out that extensive details have already emerged during lengthy appeals in the case going all the way to the state Supreme Court. Both Cadden and Chin had appeals denied by the state Supreme Court and the Michigan Court of Appeals.
Hatty delayed ruling on a second defense motion regarding evidence extracted from computers by federal officials investigating the 2012 fungal meningitis outbreak.
The outbreak was caused by contaminated drugs produced by the New England Compounding Center, the company where Chin and Cadden were employed.
Hatty said he needed additional information before ruling.
Hatty will meet with the three attorneys on Nov. 17 to work out a schedule for future motion hearings. Donna Borton
Livingston County Circuit Judge Michael P. Hatty denied the motion for bills of particulars following arguments by lawyers for Barry Cadden, Glenn Chin and prosecutors from the Michigan Attorney General's office.
Chin and Cadden's lawyers argued that without more detail about the charges they would be unable to provide a full defense.
Prosecutors responded by pointing out that extensive details have already emerged during lengthy appeals in the case going all the way to the state Supreme Court. Both Cadden and Chin had appeals denied by the state Supreme Court and the Michigan Court of Appeals.
Hatty delayed ruling on a second defense motion regarding evidence extracted from computers by federal officials investigating the 2012 fungal meningitis outbreak.
The outbreak was caused by contaminated drugs produced by the New England Compounding Center, the company where Chin and Cadden were employed.
Hatty said he needed additional information before ruling.
Hatty will meet with the three attorneys on Nov. 17 to work out a schedule for future motion hearings. Donna Borton
Monday, November 7, 2022
Cadden: Details "Vague and Insufficient"
By Walter F. Roche Jr.
One of the defendants facing 11 counts of second degree murder says prosecutors have only provided "vague and insufficent" details of the charges against him and he wants a Michigan judge to order them to provide details in a "bill of particulars."
The 12-page motion filed for Barry J. Cadden has been countered by a Michigan prosecutor's contention that Cadden already has extensive details on the murder charges and the motion should be denied.
The filings come in advance of a Thursday hearing before Livingston Circuit Court Judge Michael P. Hatty on Cadden's motion and a similar one filed in behalf of Glenn A. Chin, a co-defendant in the case stemming from the 2012 fungal meningitis outbreak.
Cadden and Chin were charged on Dec. 21, 2018 by the Michigan Attorney General's office after a lengthy investigation into the deaths of 11 Livingston County residents. They were all injected with a spinal steroid laced with fungus and produced at the company where Cadden and Chin were employed.
Calling the charges against him unprecedented, Cadden's motion states that despite state and federal investigations, no one has been able to determine how the methylprednisolone acetate produced at the long defunct New England Compounding Center became contaminated with a deadly fungus.
Stating that without a bill of particulars, the motion states Cadden is left to speculate on just what he is specificaly accused of doing that caused the deaths. The motion concedes that if he is convicted of the charges, Cadden is likely to spend his life in jail.
"The state has failed to elucidate the factual basis for it charges," the brief authored by Gregory Gleesom and Thomas Cranmer states.
"The least the state could do is provide Mr. Cadden with fair notice of what he allegedly did wrong," the motion states adding that the state has failed to prove malice or causation, two essential elements for a second degree murder charge.
In its response Michigan prosecutors said Cadden's claims are disingenuous and the details he seeks have already been made public in a series of appeals filed in state courts. All appeals were denied.
The filing asserts that under state law Cadden is not entitled to a bill of particulars and the court should not use its powers of discretion to order one.
Assistant Attorney General Erika L. Hamilton wrote that the since charges were not in so-called short form, a bill of particulars is not mandated. Instead, the brief states, the charges already detail who was injected with the contaminated steroids and when and where that occurred.
Citing testimony in a preliminary examination and subsequent testimony in appeals courts, the motion states Cadden is being disingenuous in claiming he does not know the nature of the charges against him.
Hamilton cites testimony from former NECC employees about the insanitary conditions at NECC and the roles played by both Cadden and Chin.
"A bill of particulars would be superfluous," the filing concludes.
Contact: wfrochejr999@gmail.com
One of the defendants facing 11 counts of second degree murder says prosecutors have only provided "vague and insufficent" details of the charges against him and he wants a Michigan judge to order them to provide details in a "bill of particulars."
The 12-page motion filed for Barry J. Cadden has been countered by a Michigan prosecutor's contention that Cadden already has extensive details on the murder charges and the motion should be denied.
The filings come in advance of a Thursday hearing before Livingston Circuit Court Judge Michael P. Hatty on Cadden's motion and a similar one filed in behalf of Glenn A. Chin, a co-defendant in the case stemming from the 2012 fungal meningitis outbreak.
Cadden and Chin were charged on Dec. 21, 2018 by the Michigan Attorney General's office after a lengthy investigation into the deaths of 11 Livingston County residents. They were all injected with a spinal steroid laced with fungus and produced at the company where Cadden and Chin were employed.
Calling the charges against him unprecedented, Cadden's motion states that despite state and federal investigations, no one has been able to determine how the methylprednisolone acetate produced at the long defunct New England Compounding Center became contaminated with a deadly fungus.
Stating that without a bill of particulars, the motion states Cadden is left to speculate on just what he is specificaly accused of doing that caused the deaths. The motion concedes that if he is convicted of the charges, Cadden is likely to spend his life in jail.
"The state has failed to elucidate the factual basis for it charges," the brief authored by Gregory Gleesom and Thomas Cranmer states.
"The least the state could do is provide Mr. Cadden with fair notice of what he allegedly did wrong," the motion states adding that the state has failed to prove malice or causation, two essential elements for a second degree murder charge.
In its response Michigan prosecutors said Cadden's claims are disingenuous and the details he seeks have already been made public in a series of appeals filed in state courts. All appeals were denied.
The filing asserts that under state law Cadden is not entitled to a bill of particulars and the court should not use its powers of discretion to order one.
Assistant Attorney General Erika L. Hamilton wrote that the since charges were not in so-called short form, a bill of particulars is not mandated. Instead, the brief states, the charges already detail who was injected with the contaminated steroids and when and where that occurred.
Citing testimony in a preliminary examination and subsequent testimony in appeals courts, the motion states Cadden is being disingenuous in claiming he does not know the nature of the charges against him.
Hamilton cites testimony from former NECC employees about the insanitary conditions at NECC and the roles played by both Cadden and Chin.
"A bill of particulars would be superfluous," the filing concludes.
Contact: wfrochejr999@gmail.com
Saturday, November 5, 2022
USN Files River Report
By Walter F. Roche Jr.
US Nitrogen LLC pumped 23.9 million gallons of water from the Nolichucky River in October, according to a report filed this week with the Tennessee Department of Environment and Conservation.
The October total was up substantially from September when 19.53 million gallos were pumped from the river. The Greene County company, which obtained state permits to use the water in its production of ammonium nitrate, also reported discharging 7.5 million gallons of excess water back into the Nolichucky during the month.
That compares to 8.8 million discharged into the river in September. According to the report 1.4 million gallons were pumped to the company on Oct. 29 and 30 while 1.3 million gallons were pumped on Oct. 12.
The company discharged minimal amounts back into the river on the first three days of the month. Water discharged into the river totaled 5.4 million gallons on three days including Oct.6. The October twere up substantially from September when 19.53 million gallons were pumped from the river and 8 Contact: wfrochejr999@gmail.com
US Nitrogen LLC pumped 23.9 million gallons of water from the Nolichucky River in October, according to a report filed this week with the Tennessee Department of Environment and Conservation.
The October total was up substantially from September when 19.53 million gallos were pumped from the river. The Greene County company, which obtained state permits to use the water in its production of ammonium nitrate, also reported discharging 7.5 million gallons of excess water back into the Nolichucky during the month.
That compares to 8.8 million discharged into the river in September. According to the report 1.4 million gallons were pumped to the company on Oct. 29 and 30 while 1.3 million gallons were pumped on Oct. 12.
The company discharged minimal amounts back into the river on the first three days of the month. Water discharged into the river totaled 5.4 million gallons on three days including Oct.6. The October twere up substantially from September when 19.53 million gallons were pumped from the river and 8 Contact: wfrochejr999@gmail.com
Friday, November 4, 2022
Tyrone Hospital Cited for Delays
By Walter F. Roche Jr.
A patient at a Blair County hospital was kept waiting for more than eight hours for transfer to a larger facility and first became unconscious and then went into cardiac arrest before the transfer finally took place.
The recent incident at the Penn Highlands Tyrone hospital was detailed in a Sept. 19 report just made public by the state Health Department.
The seven-page report cites the facility for "failure to ensure that transfer arrangements were made" for patients requiring transfer to higher level facility.
The report notes that under a federal law, the Emergency Medical Treatment and Labor Act, hospitals are required to promptly assess and treat emergency patients within 30 minutes of arrival.
The eight hour delay came as workers at the Tyrone facility attempted to transfer the patient, who eventually had to be intubated, to another Penn Highlands facility rather than seek a bed at the closest available facility. Eventually the patient was sent to a competing UPMC hospital.
The hospital filed a plan of correction addressing some but not all of the violations. Hospital officials did not immediately respond to questions about the report.
The same report states that in five of 19 cases reviewed the hospital failled to provide prompt triage treatment. In one case the patient wasn't triaged for 158 minutes.
State health surveyors also found that hospital personnel were treating emergency patients in an area only authorized for triage.
An unnamed employee at the facility told health department officials "the facility struggles "when there is a surge of patients that need to be triaged.
Contact: wfrochejr999@gmail.com
A patient at a Blair County hospital was kept waiting for more than eight hours for transfer to a larger facility and first became unconscious and then went into cardiac arrest before the transfer finally took place.
The recent incident at the Penn Highlands Tyrone hospital was detailed in a Sept. 19 report just made public by the state Health Department.
The seven-page report cites the facility for "failure to ensure that transfer arrangements were made" for patients requiring transfer to higher level facility.
The report notes that under a federal law, the Emergency Medical Treatment and Labor Act, hospitals are required to promptly assess and treat emergency patients within 30 minutes of arrival.
The eight hour delay came as workers at the Tyrone facility attempted to transfer the patient, who eventually had to be intubated, to another Penn Highlands facility rather than seek a bed at the closest available facility. Eventually the patient was sent to a competing UPMC hospital.
The hospital filed a plan of correction addressing some but not all of the violations. Hospital officials did not immediately respond to questions about the report.
The same report states that in five of 19 cases reviewed the hospital failled to provide prompt triage treatment. In one case the patient wasn't triaged for 158 minutes.
State health surveyors also found that hospital personnel were treating emergency patients in an area only authorized for triage.
An unnamed employee at the facility told health department officials "the facility struggles "when there is a surge of patients that need to be triaged.
Contact: wfrochejr999@gmail.com
Thursday, October 27, 2022
USN Reports on Temporary Generators
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
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
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
Thursday, September 29, 2022
Stearns Lifts Conigliaro Lien
By Walter F. Roche Jr.
A federal judge has lifted the lien on the $1.2 million Dedham, Mass. home of two of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
In an order issued today, but dated tomorrow, U.S. District Judge Richard G. Stearns granted the request by Douglas and Carla Conigliaro to release the $250,000 lien placed on one of their residences. It was imposed following their 2014 indictment.
Lawyers for the Conigliaros petitioned for the release noting that their probation sentences - two years for Douglas and one year for Carla - had passed.
The two entered guilty pleas to vastly reduced charges that they made structured withdrawals from bank accounts in violation of federal reporting requirements. They were not charged for involvement in the deadly outbreak that resulted in the deaths of more than 100 patients across the country.
In addition to the Norfolk County home, the Conigliaros own a Beacon Hill condo. They purchased it for slightly less than $4.2 million.
Douglas Conigliaro headed Medical Sales Management, the sales arm for the New England Compounding Center, the company blamed for the 2012 outbreak.
Contact: wfrochejr999@gmail.com
A federal judge has lifted the lien on the $1.2 million Dedham, Mass. home of two of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
In an order issued today, but dated tomorrow, U.S. District Judge Richard G. Stearns granted the request by Douglas and Carla Conigliaro to release the $250,000 lien placed on one of their residences. It was imposed following their 2014 indictment.
Lawyers for the Conigliaros petitioned for the release noting that their probation sentences - two years for Douglas and one year for Carla - had passed.
The two entered guilty pleas to vastly reduced charges that they made structured withdrawals from bank accounts in violation of federal reporting requirements. They were not charged for involvement in the deadly outbreak that resulted in the deaths of more than 100 patients across the country.
In addition to the Norfolk County home, the Conigliaros own a Beacon Hill condo. They purchased it for slightly less than $4.2 million.
Douglas Conigliaro headed Medical Sales Management, the sales arm for the New England Compounding Center, the company blamed for the 2012 outbreak.
Contact: wfrochejr999@gmail.com
Monday, September 26, 2022
US Nitrogen Request Approved
By Walter F. Roche Jr.
Tennessee environmental officials have quickly concluded that a Greene County chemical firm does not have to seek permits to operate two temporary boilers while its' main boiler is idled for repairs.
In a decision issued today, Doug Wright of the Tennessee Department of Environment and Conservation, told officials of US Nitrogen LLC that the agency agrees that the temporary boilers will produce insignificant emissions.
Citing state laws and regulations, Wright wrote that the two boilers are not capable of producing more than five tons a year of air contaminants and thus qualify for the permit exemption.
But Wright cautioned that the examption only applies if the company only utilizes the boilers for 14 days and at the specified rates.
Deviations from the details in the request, he wrote, could be considered as "circumvention of the requirements" of the company's permit.
US Nitrogen requested the "insignificant emissions" categorization, citing the specifications of the two temporary boilers.
US Nitrogen plant manager Dylan Charles told TDEC in a Sept. 15 letter that the boilers were needed so that work could be done on the main boiler, which has apparently suffered a leak, resulting in increases in the water the company uses in its manufacturing processes.
US Nitrogen's primary product is ammonium nitrate used in the production of explosives by its corporate parent, Ohio based Austin Powder.
Contact:wfrochejr999@gmail.com
Tennessee environmental officials have quickly concluded that a Greene County chemical firm does not have to seek permits to operate two temporary boilers while its' main boiler is idled for repairs.
In a decision issued today, Doug Wright of the Tennessee Department of Environment and Conservation, told officials of US Nitrogen LLC that the agency agrees that the temporary boilers will produce insignificant emissions.
Citing state laws and regulations, Wright wrote that the two boilers are not capable of producing more than five tons a year of air contaminants and thus qualify for the permit exemption.
But Wright cautioned that the examption only applies if the company only utilizes the boilers for 14 days and at the specified rates.
Deviations from the details in the request, he wrote, could be considered as "circumvention of the requirements" of the company's permit.
US Nitrogen requested the "insignificant emissions" categorization, citing the specifications of the two temporary boilers.
US Nitrogen plant manager Dylan Charles told TDEC in a Sept. 15 letter that the boilers were needed so that work could be done on the main boiler, which has apparently suffered a leak, resulting in increases in the water the company uses in its manufacturing processes.
US Nitrogen's primary product is ammonium nitrate used in the production of explosives by its corporate parent, Ohio based Austin Powder.
Contact:wfrochejr999@gmail.com
Cadden, Chin Case: Key Dates Set
By Walter F. Roche Jr.
A Michigan judge has set a series of key dates in the trial of two rogue pharmacists who are facing 13 counts of second degree murder.
Livingston County Circuit Court Judge Michael Hatty issued orders setting the dates for a settlement conference and a hearing by one of the defendants for a so-called bill of particulars, a detailed listing of the evidence and likely witnesses on the specfic charges.
The hearing on a bill of particulars was set for Nov. 10 at 8:30 a.m. The settlement conference is set for Oct. 21 at 1:30 p.m. To this point none of the parties have given any indication of a willingness or desire to settle.
Hatty also set dates for future status conferences - Nov. 10, Nov.17 or Nov. 22- with the caveat that they could be changed if there are scheduling issues.
The orders follow two sessions last week as progress in the longstanding case appears to be speeding up.
Hatty, as a result of last week's session, denied a motion by prosecutors from the state Attorney General's office, for a single trial for both defendants.
The two were charged with second degree murder following state and federal probes of the 2012 fungal meningitis outbreak which took the lives of more than 100 people, including 13 in Livingson County.
Contact: wfrochejr999@gmail.com
A Michigan judge has set a series of key dates in the trial of two rogue pharmacists who are facing 13 counts of second degree murder.
Livingston County Circuit Court Judge Michael Hatty issued orders setting the dates for a settlement conference and a hearing by one of the defendants for a so-called bill of particulars, a detailed listing of the evidence and likely witnesses on the specfic charges.
The hearing on a bill of particulars was set for Nov. 10 at 8:30 a.m. The settlement conference is set for Oct. 21 at 1:30 p.m. To this point none of the parties have given any indication of a willingness or desire to settle.
Hatty also set dates for future status conferences - Nov. 10, Nov.17 or Nov. 22- with the caveat that they could be changed if there are scheduling issues.
The orders follow two sessions last week as progress in the longstanding case appears to be speeding up.
Hatty, as a result of last week's session, denied a motion by prosecutors from the state Attorney General's office, for a single trial for both defendants.
The two were charged with second degree murder following state and federal probes of the 2012 fungal meningitis outbreak which took the lives of more than 100 people, including 13 in Livingson County.
Contact: wfrochejr999@gmail.com
Sunday, September 25, 2022
Search Goes on for Judge's Remains
By Walter F. Roche Jr.
He was a famous jurist, known as the father of Tennessee jurisprudence, so it was no surprise when the bar association and prominent local lawyers recently sought to give him a more suitable burial site, away from a commercial strip alongside a gas station.
But there has been one serious problem with the effort to relocate the remains of the late Supreme Court Justice John Haywood. They can't find the body.
For years many had assumed his remains along with family members and associates were in close proximity to a monument to the judge off Nolensville Road, on land that had once belonged to his family.
Recently filed documents in Davidson Chancery Court provide extensive details on why it was widely believed his body was at or near the site where the monument is located. But an inch by inch search of the momument site turned up not a trace "of human remains or grave shafts."
A TRC Environment report describes the search effort including slowly scraping back the dirt with a backhoe, later even using human hands when nearing a suspected location. As detailed in the historic records of the Tennessee Supreme Court Haywood was a respected though sometimes controversial jurist.
Self taught, Haywood began teaching aspiring law students after moving to Tennessee where his family owned property. He was named to the Tennessee Supreme Court in 1816.
In the pending Chancery Court action, all known relatives were contacted and none raised any objections to the relocation.
One relative who did respond said she supported relocating John Haywood's body, along with his wife Martha and any enslaved remains found on the site.
Hal Hardin, who has played a leadership role in the re-interment effort says the search is not over. If the remains are recovered plans also call for them to be re-interred in the historic Nashville Cemetery.
"We are still on it. We dug and did not find him and are trying to get some radar equipment to assist in the hunt," he said.
Contact: wfrochejr999@gmail.com
He was a famous jurist, known as the father of Tennessee jurisprudence, so it was no surprise when the bar association and prominent local lawyers recently sought to give him a more suitable burial site, away from a commercial strip alongside a gas station.
But there has been one serious problem with the effort to relocate the remains of the late Supreme Court Justice John Haywood. They can't find the body.
For years many had assumed his remains along with family members and associates were in close proximity to a monument to the judge off Nolensville Road, on land that had once belonged to his family.
Recently filed documents in Davidson Chancery Court provide extensive details on why it was widely believed his body was at or near the site where the monument is located. But an inch by inch search of the momument site turned up not a trace "of human remains or grave shafts."
A TRC Environment report describes the search effort including slowly scraping back the dirt with a backhoe, later even using human hands when nearing a suspected location. As detailed in the historic records of the Tennessee Supreme Court Haywood was a respected though sometimes controversial jurist.
Self taught, Haywood began teaching aspiring law students after moving to Tennessee where his family owned property. He was named to the Tennessee Supreme Court in 1816.
In the pending Chancery Court action, all known relatives were contacted and none raised any objections to the relocation.
One relative who did respond said she supported relocating John Haywood's body, along with his wife Martha and any enslaved remains found on the site.
Hal Hardin, who has played a leadership role in the re-interment effort says the search is not over. If the remains are recovered plans also call for them to be re-interred in the historic Nashville Cemetery.
"We are still on it. We dug and did not find him and are trying to get some radar equipment to assist in the hunt," he said.
Contact: wfrochejr999@gmail.com
Friday, September 23, 2022
NECC Defendants Want Lien Lifted
By Walter F. Roche Jr.
Two of the defendants in the federal criminal case stemming from the 2012 fungal meningitis outbreak have completed probation and want the $250,000 lien lifted on their suburban Boston home.
In a petition filed Friday in U.S. District Court in Boston a lawyer for Douglas and Carla Conigliaro asked U.S. District Judge Richard G. Stearns to remove the lien since the two have successfully completed their probation.
Carla was given a one year probation sentence, while Douglas served a two year probation sentence. Both were convicted of violating a federal law restricting bank transfers in excess of $10,000.
The 13-room residence is currently assessed at a little over $2 milllion.
The Conigliaros were part owners of the New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak. They were among 14 persons connected to NECC who were indicted on Dec. 17, 2014 following a two-year probe of the outbreak.
In a related development today a status conference was held in Livingston County Michigan where two people connected to NECC have been charged with 13 counts of second degre murder for their roles in the outbreak. Barry Cadden was president and part owner of NECC while Glenn Chin was a supervising pharmacist.
The session with Circuit Court Judge Michael P. Hatty and lawyers for Cadden and Chin was focused on scheduling sessions and filing deadlines for pending motions in the case.
Those include a motion by Cadden's lawyer to bar the prosecution from using some evidence. That motion is expected to be decided in November with a trial possible in late 2022 or early 2023.
Hatty is expected to issue formal orders next week on those remaining issues.
Two of the defendants in the federal criminal case stemming from the 2012 fungal meningitis outbreak have completed probation and want the $250,000 lien lifted on their suburban Boston home.
In a petition filed Friday in U.S. District Court in Boston a lawyer for Douglas and Carla Conigliaro asked U.S. District Judge Richard G. Stearns to remove the lien since the two have successfully completed their probation.
Carla was given a one year probation sentence, while Douglas served a two year probation sentence. Both were convicted of violating a federal law restricting bank transfers in excess of $10,000.
The 13-room residence is currently assessed at a little over $2 milllion.
The Conigliaros were part owners of the New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak. They were among 14 persons connected to NECC who were indicted on Dec. 17, 2014 following a two-year probe of the outbreak.
In a related development today a status conference was held in Livingston County Michigan where two people connected to NECC have been charged with 13 counts of second degre murder for their roles in the outbreak. Barry Cadden was president and part owner of NECC while Glenn Chin was a supervising pharmacist.
The session with Circuit Court Judge Michael P. Hatty and lawyers for Cadden and Chin was focused on scheduling sessions and filing deadlines for pending motions in the case.
Those include a motion by Cadden's lawyer to bar the prosecution from using some evidence. That motion is expected to be decided in November with a trial possible in late 2022 or early 2023.
Hatty is expected to issue formal orders next week on those remaining issues.
Thursday, September 22, 2022
Cadden, Chin To Be Tried Separately
From Donna Borton
A Michigan judge has ruled that two former pharmacists will be tried separatly on multiple second degree murder charges.
Following a hearing today Livingston County Circuit Judge James P. Hatty denied a motion by the state Attorney General calling for Barry Cadden and Glenn Chin to be tried together. Lawyers for both defendants opposed the motion.
The two have been charged with second degree murder in the deaths of 13 Michigan patients who had been injected with a steroid highly contaminated with deadly fungus. Those steroids came from the New England Compounding Center where both were employed.
In fact Cadden was president and part owner of NECC. Chin was a supervising pharmacist in the clean room where the deadly steroids were prepared.
Chin and Cadden's lawyers argued that a federal judge had concluded that the two had to be tried separately.
The two were ultimately acquitted by two separate federal juries of murder charges but were found guilty of racketeering and fraud charges.
Prosecutors argued that a joint trial was appropriate because many of the witnesses and much of the evidence against both defendants were the same.
Contact: wallyroche@hotmail.com
A Michigan judge has ruled that two former pharmacists will be tried separatly on multiple second degree murder charges.
Following a hearing today Livingston County Circuit Judge James P. Hatty denied a motion by the state Attorney General calling for Barry Cadden and Glenn Chin to be tried together. Lawyers for both defendants opposed the motion.
The two have been charged with second degree murder in the deaths of 13 Michigan patients who had been injected with a steroid highly contaminated with deadly fungus. Those steroids came from the New England Compounding Center where both were employed.
In fact Cadden was president and part owner of NECC. Chin was a supervising pharmacist in the clean room where the deadly steroids were prepared.
Chin and Cadden's lawyers argued that a federal judge had concluded that the two had to be tried separately.
The two were ultimately acquitted by two separate federal juries of murder charges but were found guilty of racketeering and fraud charges.
Prosecutors argued that a joint trial was appropriate because many of the witnesses and much of the evidence against both defendants were the same.
Contact: wallyroche@hotmail.com
Tuesday, September 20, 2022
US Nitrogen Clarifies Boiler Request
By Walter F. Roche Jr.
Acting on a request from Tennessee regulators, a Greene County chemical firm has clarified its request to use two temporary boilers at its plant in Midway.
In a letter sent this week to the Tennessee Department of Environment and Conservation, an official of US Nitrogen LLC wrote that the company plans to use the temporary boilers for 14 consecutive days.
During that two week period repairs will be made on the permanent boiler which has sprung a leak. The leak has apparently caused a sudden jump in the volume of water being pumped from the Nolichucky River.
"The intention is to use the temporary boilers on consecutive days while the permanent boiler is repaired," John Shipp of US Nitrogen wrote in the letter to TDEC.
Records filed with the state show the company used 26 million gallons of water in the month of August, an increase of 27 per cent over the prior month.
Shipp wrote in the letter that the TDEC's other request, for data on the specifications on the temporary pumps, already was included in data previously submitted.
Contact: wfrochejr999@gmail.com
Acting on a request from Tennessee regulators, a Greene County chemical firm has clarified its request to use two temporary boilers at its plant in Midway.
In a letter sent this week to the Tennessee Department of Environment and Conservation, an official of US Nitrogen LLC wrote that the company plans to use the temporary boilers for 14 consecutive days.
During that two week period repairs will be made on the permanent boiler which has sprung a leak. The leak has apparently caused a sudden jump in the volume of water being pumped from the Nolichucky River.
"The intention is to use the temporary boilers on consecutive days while the permanent boiler is repaired," John Shipp of US Nitrogen wrote in the letter to TDEC.
Records filed with the state show the company used 26 million gallons of water in the month of August, an increase of 27 per cent over the prior month.
Shipp wrote in the letter that the TDEC's other request, for data on the specifications on the temporary pumps, already was included in data previously submitted.
Contact: wfrochejr999@gmail.com
Monday, September 19, 2022
Chin Seeks Separate Trial
By Walter F. Roche Jr.
Citing the reluctant ruling by a federal judge on the same issue, the attorney for a former pharmacist charged with 13 counts of second degree murder, is strongly opposing a motion by prosecutors to merge the case with a co-defendant facing the same charges.
In a filing in Livingston County Circuit Court, James Buttrey, the attorney for Glenn Chin, wrote that the two cases must be tried separately because the conduct of the two defendants was not comparable.
The filing comes at the head of a busy week in the case triggered by a 2012 nationwide fungal meningitis outbreak that ultimately killed more than 100 patients.
Judge Michael Hatty will hear arguments on Thursday on the state Attorney General's motion to merge the two cases. A day later Hatty is set to hold a scheduling conference on the two murder cases.
In his motion Buttrey stated that the only common element in the two cases was the fact that they were both employed at the now defunct New England Compounding Center, the company blamed for the deadly outbreak.
While co-defendant Barry Cadden was president and part owner of NECC, Chin was a salaried employee supervising clean rooms where sterile drugs were prepared.
Buttrey cited the ruling by U.S. District Court Judge Richard G. Stearns who ruled with reluctance that the two cases had to be separated.
Chin and Cadden were acquitted in federal court on similar second degree murder charges. They were convicted, however, on racketeering and mail fraud charges.
In his motion Buttrey said it was inevitable that Cadden would put the blame on Chin, while Chin would blame Cadden.
Though some of the fillings in Cadden's case were filed under seal, his lawyers are also opposing the motion to try the two cases at once. Stearns concluded that it was "one of those rare cases in which antagonistic defenses, coupled with an imbalance of evidence require the severance of trials." "The acts of Mr. Cadden and Mr. Chin are not the same conduct, nor can they be," today's filing states, noting that evidence against Cadden would be inadmissable against Chin.
"Much of the evidence in this case, which is complex and voluminous, is admissable against only one defendant," the filing continues.
The state Attorney General's office, which is prosecuting the case, filed the motion to merge the two cases, citing "judicial economy" and arguing that much of the evidence and witnesses in the two cases are the same.
Buttrey also noted that the case against his client could be ready for trial in eight to 12 weeks, while Cadden's appears to be a year away.
Contact: wfrochejr999@gmail.com
Citing the reluctant ruling by a federal judge on the same issue, the attorney for a former pharmacist charged with 13 counts of second degree murder, is strongly opposing a motion by prosecutors to merge the case with a co-defendant facing the same charges.
In a filing in Livingston County Circuit Court, James Buttrey, the attorney for Glenn Chin, wrote that the two cases must be tried separately because the conduct of the two defendants was not comparable.
The filing comes at the head of a busy week in the case triggered by a 2012 nationwide fungal meningitis outbreak that ultimately killed more than 100 patients.
Judge Michael Hatty will hear arguments on Thursday on the state Attorney General's motion to merge the two cases. A day later Hatty is set to hold a scheduling conference on the two murder cases.
In his motion Buttrey stated that the only common element in the two cases was the fact that they were both employed at the now defunct New England Compounding Center, the company blamed for the deadly outbreak.
While co-defendant Barry Cadden was president and part owner of NECC, Chin was a salaried employee supervising clean rooms where sterile drugs were prepared.
Buttrey cited the ruling by U.S. District Court Judge Richard G. Stearns who ruled with reluctance that the two cases had to be separated.
Chin and Cadden were acquitted in federal court on similar second degree murder charges. They were convicted, however, on racketeering and mail fraud charges.
In his motion Buttrey said it was inevitable that Cadden would put the blame on Chin, while Chin would blame Cadden.
Though some of the fillings in Cadden's case were filed under seal, his lawyers are also opposing the motion to try the two cases at once. Stearns concluded that it was "one of those rare cases in which antagonistic defenses, coupled with an imbalance of evidence require the severance of trials." "The acts of Mr. Cadden and Mr. Chin are not the same conduct, nor can they be," today's filing states, noting that evidence against Cadden would be inadmissable against Chin.
"Much of the evidence in this case, which is complex and voluminous, is admissable against only one defendant," the filing continues.
The state Attorney General's office, which is prosecuting the case, filed the motion to merge the two cases, citing "judicial economy" and arguing that much of the evidence and witnesses in the two cases are the same.
Buttrey also noted that the case against his client could be ready for trial in eight to 12 weeks, while Cadden's appears to be a year away.
Contact: wfrochejr999@gmail.com
Thursday, September 15, 2022
US Nitrogen Has Boiler Leak
By Walter F. Roche Jr.
US Nitrogen LLC has informed Tennessee environmental officials that because of an apparent boiler leak, the company plans to temporarily use two rented boilers at its Midway manufacturing facility.
In a letter Wednesday to TDEC's Michelle Owenby, US Nitrogen's plant manager Dylan Charles wrote that the leak was only recently discovered and arrangements were just made to rent the boilers.
Stating that depending on the location of the leak the damage could be costly and extensive, Charles said the leak was believed to be in tubing within the boiler.
The US Nitrogen official acknowledged that the state was not given the usual notice for such a request.
Disclosure of the leak comes just days after the ammonium nitrate manufacturer disclosed that water usage at the plant jumped by some 27 per cent in August.
That data was in a monthly report US Nitrogen filed with the state showing the amount of water it pumped from the Nolichuckly River for use in its Greene County plant.
US Nitrogen also submitted extensive data on the temporary boilers to show that they would not increase emissions.
The emissions, Charles concluded, would be insignificant.
He told Owenby the company assumed the pumps would be in operation for just two weeks.
Contact: wfrochejr999@hotmail.com
US Nitrogen LLC has informed Tennessee environmental officials that because of an apparent boiler leak, the company plans to temporarily use two rented boilers at its Midway manufacturing facility.
In a letter Wednesday to TDEC's Michelle Owenby, US Nitrogen's plant manager Dylan Charles wrote that the leak was only recently discovered and arrangements were just made to rent the boilers.
Stating that depending on the location of the leak the damage could be costly and extensive, Charles said the leak was believed to be in tubing within the boiler.
The US Nitrogen official acknowledged that the state was not given the usual notice for such a request.
Disclosure of the leak comes just days after the ammonium nitrate manufacturer disclosed that water usage at the plant jumped by some 27 per cent in August.
That data was in a monthly report US Nitrogen filed with the state showing the amount of water it pumped from the Nolichuckly River for use in its Greene County plant.
US Nitrogen also submitted extensive data on the temporary boilers to show that they would not increase emissions.
The emissions, Charles concluded, would be insignificant.
He told Owenby the company assumed the pumps would be in operation for just two weeks.
Contact: wfrochejr999@hotmail.com
Wednesday, September 14, 2022
Michigan AG Moves to Merge Murder Charges
By Walter F. Roche Jr.
Calling the cases "inextricably related", the Michigan Attorney General is asking a Michigan judge to merge the cases of two former pharmacists charged with second degree murder in the deaths of 11 patients during the 2012 fungal meningitis outbreak.
In a 15-page motion and supporting brief, Attorney General Dana Nessel stated Barry Cadden and Glenn Chin are both charged with the same crimes and acted in concert to produce the contaminated steroids that caused the deaths of 11 patients.
Repeatedly citing the evidence and testimony during a preliminary hearing on the charges, Nessel wrote that Michigan law and precedent favored joint trials "in the interest of justiice, judicial economy and administration."
Cadden was part owner and president of the New England Compounding Center while Chin was a supervising pharmacist in the clean room where the fungus laden drugs were produced.
The filing notes that the fatal doses were shipped by NECC to the Michigan Pain Specialists Clinic where the 11 patients were injected.
Both Cadden and Chin were acquitted of second degree murder charges in federal court in Boston where a federal judge also ruled that their trials had to be separated. They were ultimately found guilty of federal racketeering, conspiracy and related charges.
Nessel's filing notes that the same witnesses were called against Cadden and Chin in the preliminary hearing and the same evidence was presented.
"Cadden and Chin are charged with the same offenses, comprised of the same course of conduct and transaction," the filing states, adding that "there is no danger of unfair prejudice or confusion of the issues."
Chin, the brief states, was Cadden's "second in command" and ran NECC's clean rooms.
The brief cites the testimony of former NECC employees at the preliminary hearing about the corners being cut and untested drug products being shipped to physicians and clinics.
Those practices included producing "blowouts" with drugs being stored for later use and batching untested drugs with tested drugs.
Citing the "significant overlapping of issues and evidence ," the filing calls on Circuit Court Judge Michael P. Hatty to exercise his discretion and merge the cases.
A hearing on the motion is set for next week.
Contact: wfrochejr999@gmail.com
Calling the cases "inextricably related", the Michigan Attorney General is asking a Michigan judge to merge the cases of two former pharmacists charged with second degree murder in the deaths of 11 patients during the 2012 fungal meningitis outbreak.
In a 15-page motion and supporting brief, Attorney General Dana Nessel stated Barry Cadden and Glenn Chin are both charged with the same crimes and acted in concert to produce the contaminated steroids that caused the deaths of 11 patients.
Repeatedly citing the evidence and testimony during a preliminary hearing on the charges, Nessel wrote that Michigan law and precedent favored joint trials "in the interest of justiice, judicial economy and administration."
Cadden was part owner and president of the New England Compounding Center while Chin was a supervising pharmacist in the clean room where the fungus laden drugs were produced.
The filing notes that the fatal doses were shipped by NECC to the Michigan Pain Specialists Clinic where the 11 patients were injected.
Both Cadden and Chin were acquitted of second degree murder charges in federal court in Boston where a federal judge also ruled that their trials had to be separated. They were ultimately found guilty of federal racketeering, conspiracy and related charges.
Nessel's filing notes that the same witnesses were called against Cadden and Chin in the preliminary hearing and the same evidence was presented.
"Cadden and Chin are charged with the same offenses, comprised of the same course of conduct and transaction," the filing states, adding that "there is no danger of unfair prejudice or confusion of the issues."
Chin, the brief states, was Cadden's "second in command" and ran NECC's clean rooms.
The brief cites the testimony of former NECC employees at the preliminary hearing about the corners being cut and untested drug products being shipped to physicians and clinics.
Those practices included producing "blowouts" with drugs being stored for later use and batching untested drugs with tested drugs.
Citing the "significant overlapping of issues and evidence ," the filing calls on Circuit Court Judge Michael P. Hatty to exercise his discretion and merge the cases.
A hearing on the motion is set for next week.
Contact: wfrochejr999@gmail.com
Tuesday, September 13, 2022
Fungal Meningitis Study
https://healthcare.utah.edu/publicaffairs/news/2022/09/fungal-meningitis.php
Saturday, September 10, 2022
US Nitrogen's River Water Use Jumps 27%
By Walter F. Roche Jr.
The use of free river water by a Greene County firm jumped by 27 per cent in August to 26.35 million gallons, US Nitrogen LLC disclosed in a report filed this week.
The monthly filing shows the company pumped more than a million gallons from the Nolichucky on 13 days during the month with the highest single day total of 1.5 million gallons coming on Aug. 26.
In the same report sent to the Tennessee Department of Environment and Conservation the Midway chemical manufacturer reported it discharged 11.6 million gallons back into the river.
The August figures show a big jump from the July report which showed the company pumped 20.13 million gallons from the river. The water is pumped from the Nolichucky at mile marker 20.8 and is then pumped by pipeline about 13 miles to the Midway manufacturing facility. The use of the river and the pipeline were authorized by state officials. US Nitrogen's permits require the filing of the monthly reports. According to the new report the company discharged more than 500,000 gallons back into the river on 15 days. A minimal amount was discharged on five days including Aug.27 and Aug. 28. Contact: wfrochejr999@gmail.com
The use of free river water by a Greene County firm jumped by 27 per cent in August to 26.35 million gallons, US Nitrogen LLC disclosed in a report filed this week.
The monthly filing shows the company pumped more than a million gallons from the Nolichucky on 13 days during the month with the highest single day total of 1.5 million gallons coming on Aug. 26.
In the same report sent to the Tennessee Department of Environment and Conservation the Midway chemical manufacturer reported it discharged 11.6 million gallons back into the river.
The August figures show a big jump from the July report which showed the company pumped 20.13 million gallons from the river. The water is pumped from the Nolichucky at mile marker 20.8 and is then pumped by pipeline about 13 miles to the Midway manufacturing facility. The use of the river and the pipeline were authorized by state officials. US Nitrogen's permits require the filing of the monthly reports. According to the new report the company discharged more than 500,000 gallons back into the river on 15 days. A minimal amount was discharged on five days including Aug.27 and Aug. 28. Contact: wfrochejr999@gmail.com
Cadden Seeks Sentence Reduction
By Walter F. Roche Jr.
A lawyer for Barry J. Cadden says his sentence was unfairly increased especially when compared to the increase given to co-defendant Glenn Chin.
Michele Peirce appearing before the 1st Circuit Court of Appeals this week said that while Chin's sentence was only increased by 2.5 years to 10.5 years Cadden's was increased by 5.5 years to 14.5 years. Both sentences were increased after the 1st Circuit determined that the original sentences imposed by U.S. District Court Judge Richard G. Stearns were too lenient.
Peirce said Stearns offered no explanation for the wide variation.
Assistant U.S. Attorney Christopher Looney argued that the differences in the sentences were justified by a number of factors including the fact that Chin, unlike Cadden, testified at the sentencing session and took responsibility for the crimes on which he was convicted. He also charged that comments by Stearns cited by Cadden's lawyer were taken out of context.
Chin and Cadden were both connected to the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC. Chin was a supervising pharmacist at NECC, but had no ownership interest in the now defunct company.
The two were convicted of racketeering, conspiracy and mail fraud.
The hearing marks the second time Cadden's lawyers have sought a reduction in the punishment imposed by the courts.
In an earlier plea (See previous story) Cadden's lawyers said the verdict came after Stearns allowed prosecutors to present prejudicial evidence including testimony by victims and the survivors of victims who died in the deadly outbreak.
Contact: wfrochejr999@gmain.com
A lawyer for Barry J. Cadden says his sentence was unfairly increased especially when compared to the increase given to co-defendant Glenn Chin.
Michele Peirce appearing before the 1st Circuit Court of Appeals this week said that while Chin's sentence was only increased by 2.5 years to 10.5 years Cadden's was increased by 5.5 years to 14.5 years. Both sentences were increased after the 1st Circuit determined that the original sentences imposed by U.S. District Court Judge Richard G. Stearns were too lenient.
Peirce said Stearns offered no explanation for the wide variation.
Assistant U.S. Attorney Christopher Looney argued that the differences in the sentences were justified by a number of factors including the fact that Chin, unlike Cadden, testified at the sentencing session and took responsibility for the crimes on which he was convicted. He also charged that comments by Stearns cited by Cadden's lawyer were taken out of context.
Chin and Cadden were both connected to the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC. Chin was a supervising pharmacist at NECC, but had no ownership interest in the now defunct company.
The two were convicted of racketeering, conspiracy and mail fraud.
The hearing marks the second time Cadden's lawyers have sought a reduction in the punishment imposed by the courts.
In an earlier plea (See previous story) Cadden's lawyers said the verdict came after Stearns allowed prosecutors to present prejudicial evidence including testimony by victims and the survivors of victims who died in the deadly outbreak.
Contact: wfrochejr999@gmain.com
Wednesday, September 7, 2022
Cadden Appeals Verdict and Sentence
By Walter F. Roche Jr.
A three judge panel heard arguments resently challenging the guilty verdict and the 14.5 year prison sentence imposed on the former president of a defunct drug compounding company that has been blamed for a 2012 fungal meningitis outbreak that killed over 100 patients.
Appearing before the First Circuit Court of Appeals Bruce Singal, the attorney for Barry J. Cadden, also disputed the $82 million financial penalty imposed on his client, who was president and part owner of the New England Compounding Center.
Singal said U.S. District Court Judge Richard G. Stearns erred in letting the jury hear evidence on second degree murder charges and that prejudicial evidence influenced the jury even though they acquitted him on those 25 second degree murder counts.
"The murder charges shouldn't have gone to the jury," Singal said, recounting government evidence of the painful deaths suffered by the victims and their survivors.
One of the judges noted that a majority of jurors did find Cadden guilty on some of the murder counts, but a unanimous decision was needed for conviction.
Singal also charged that evidence about NECC's standard operating procedures should have been excluded, because the charges related only to the standards set by the U.S. Pharmacopeia, a private standard setting agency.
He said the government should have been required to show evidence that each of the hospitals and clinics knew NECC had promised in its brochures that its drugs would meet the requirements of the U.S Pharmacopeia for the preparation of sterile drugs being injected into patients.
Cadden was one of 14 people connected to NECC who were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak. Caddden was convicted of racketeering, conspiracy and mail fraud. His sentence was upped to 14.5 years after an appeals panel concluded that Stearns had been too lenient in setting the sentence.
Assistant U.S. Attorney Christopher Looney disputed Singal's claims and said there was sufficient evidence for the murder charges to be presented to the jury and Cadden knew that if the drugs (methyl prednisolone acetate) were contaminated the results would be dire.
He also noted that while Cadden's lawyers conceded that the NECC steroid caused the deaths, the prosecution did not have to accept that concession and had the right to present evidence of the painful deaths caused by NECC's tainted products.
Cadden is also facing 11 second degree murder charges in Michigan, but that case has not yet gone to trial. Contact: wfrochejr999@gmail.com
A three judge panel heard arguments resently challenging the guilty verdict and the 14.5 year prison sentence imposed on the former president of a defunct drug compounding company that has been blamed for a 2012 fungal meningitis outbreak that killed over 100 patients.
Appearing before the First Circuit Court of Appeals Bruce Singal, the attorney for Barry J. Cadden, also disputed the $82 million financial penalty imposed on his client, who was president and part owner of the New England Compounding Center.
Singal said U.S. District Court Judge Richard G. Stearns erred in letting the jury hear evidence on second degree murder charges and that prejudicial evidence influenced the jury even though they acquitted him on those 25 second degree murder counts.
"The murder charges shouldn't have gone to the jury," Singal said, recounting government evidence of the painful deaths suffered by the victims and their survivors.
One of the judges noted that a majority of jurors did find Cadden guilty on some of the murder counts, but a unanimous decision was needed for conviction.
Singal also charged that evidence about NECC's standard operating procedures should have been excluded, because the charges related only to the standards set by the U.S. Pharmacopeia, a private standard setting agency.
He said the government should have been required to show evidence that each of the hospitals and clinics knew NECC had promised in its brochures that its drugs would meet the requirements of the U.S Pharmacopeia for the preparation of sterile drugs being injected into patients.
Cadden was one of 14 people connected to NECC who were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak. Caddden was convicted of racketeering, conspiracy and mail fraud. His sentence was upped to 14.5 years after an appeals panel concluded that Stearns had been too lenient in setting the sentence.
Assistant U.S. Attorney Christopher Looney disputed Singal's claims and said there was sufficient evidence for the murder charges to be presented to the jury and Cadden knew that if the drugs (methyl prednisolone acetate) were contaminated the results would be dire.
He also noted that while Cadden's lawyers conceded that the NECC steroid caused the deaths, the prosecution did not have to accept that concession and had the right to present evidence of the painful deaths caused by NECC's tainted products.
Cadden is also facing 11 second degree murder charges in Michigan, but that case has not yet gone to trial. Contact: wfrochejr999@gmail.com
Wednesday, August 31, 2022
Sentencing Dates Set For Carter, Conigliaro
By Walter F. Roche Jr.
December sentencing dates have been set for the final two defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns, sitting in Boston, Mass., set a Dec. 1 hearing for Gregory Conigliaro and a Dec. 13 date for Sharon Carter.*
Conigliaro was vice president and part owner of the now defunct New England Compounding Center. Carter was a supervisor for the drug compounding firm.
Both were convicted of conspiring to defraud the U.S. Food and Drug Administration by making it appear that NECC was a small family owned drug compounding firm not subject to federal regulation. In fact the firm was shipping thousands of vials of compounded pharmaceuticals all over the country.
The two were convicted by a jury in late 2018, but were then acquitted by Stearns in June of 2019. A federal appeals court overturned Stearn's decision and restored the guilty verdicts.
Conigliaro and Carter were among 14 people connected to NECC following a two year probe of the fungal meningitis outbreak caused by contaminated drugs shipped by NECC. Ultimately over 800 patients died after being injected with fungus riddled steroids.
*In fact Stearns issued two Conigliaro orders, the second appaarently overiding the first which had called for a Dec. 8 hearing
. Contact: wfrochejr999@gmail.com
December sentencing dates have been set for the final two defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns, sitting in Boston, Mass., set a Dec. 1 hearing for Gregory Conigliaro and a Dec. 13 date for Sharon Carter.*
Conigliaro was vice president and part owner of the now defunct New England Compounding Center. Carter was a supervisor for the drug compounding firm.
Both were convicted of conspiring to defraud the U.S. Food and Drug Administration by making it appear that NECC was a small family owned drug compounding firm not subject to federal regulation. In fact the firm was shipping thousands of vials of compounded pharmaceuticals all over the country.
The two were convicted by a jury in late 2018, but were then acquitted by Stearns in June of 2019. A federal appeals court overturned Stearn's decision and restored the guilty verdicts.
Conigliaro and Carter were among 14 people connected to NECC following a two year probe of the fungal meningitis outbreak caused by contaminated drugs shipped by NECC. Ultimately over 800 patients died after being injected with fungus riddled steroids.
*In fact Stearns issued two Conigliaro orders, the second appaarently overiding the first which had called for a Dec. 8 hearing
. Contact: wfrochejr999@gmail.com
Tuesday, August 30, 2022
Penn State Statement On Berini's Departure
Deborah Addo, executive vice president and chief operating officer for Penn State Health, assumed leadership responsibilities for Penn State Health Milton S. Hershey Medical Center on Thursday, August 25. Deborah Berini, former Hershey Medical Center president, has left the organization. Penn State Health plans to conduct a national search for a new Hershey Medical Center president.
Patients are at the heart of everything we do, and Penn State Health is dedicated to recruiting and retaining leaders with a passion for providing patients with world-class, locally accessible care that a highly coordinated system should deliver.
Addo joined Penn State Health in August 2021 with more than 30 years of leadership experience in health care operations and management. She has a proven track record of leading hospitals and physician groups through times of transition and will provide strong, seasoned leadership for Hershey Medical Center during this time. Addo also will continue serving in her role of health system executive vice president and chief operating officer, which provides oversight for the system’s medical centers and their presidents.
Patients are at the heart of everything we do, and Penn State Health is dedicated to recruiting and retaining leaders with a passion for providing patients with world-class, locally accessible care that a highly coordinated system should deliver.
Addo joined Penn State Health in August 2021 with more than 30 years of leadership experience in health care operations and management. She has a proven track record of leading hospitals and physician groups through times of transition and will provide strong, seasoned leadership for Hershey Medical Center during this time. Addo also will continue serving in her role of health system executive vice president and chief operating officer, which provides oversight for the system’s medical centers and their presidents.
Monday, August 29, 2022
Hershey President Abruptly Resigns
By Walter F. Roche Jr.
The president of the Milton S. Hershey Medical Center has abruptly resigned in the wake of the disclosure of serious problems in the facility's liver and kidney transplant programs, both of which have been shutdown for four months.
Deborah Berini's departure was disclosed in a terse press release issued Monday. Hershey and Penn State officials declined to give any reasons. Berini had served in the post since 2018.
The announcement comes following the disclosure on this blog of two critical state Health Department reports on Hershey's abdominal transplant program.
One report cited Hershey for failing to disclose to transplant receipients that the organs they were about to receive had been classified as high risk for failure. The report also cited several cases in which transplant recipients had to be returned to the operating room for problems with the original procedure.
In a second report, also from the state Health Department, the facility was faulted when a live transplant had to be halted after the donor had already been placed under general anesthesia.
The suspension of the abdominal transplant program was not publicly disclosed until facility officials were questioned about one of the critical health reports last week.
Contact: wfrochejr999@gmail.com al
The president of the Milton S. Hershey Medical Center has abruptly resigned in the wake of the disclosure of serious problems in the facility's liver and kidney transplant programs, both of which have been shutdown for four months.
Deborah Berini's departure was disclosed in a terse press release issued Monday. Hershey and Penn State officials declined to give any reasons. Berini had served in the post since 2018.
The announcement comes following the disclosure on this blog of two critical state Health Department reports on Hershey's abdominal transplant program.
One report cited Hershey for failing to disclose to transplant receipients that the organs they were about to receive had been classified as high risk for failure. The report also cited several cases in which transplant recipients had to be returned to the operating room for problems with the original procedure.
In a second report, also from the state Health Department, the facility was faulted when a live transplant had to be halted after the donor had already been placed under general anesthesia.
The suspension of the abdominal transplant program was not publicly disclosed until facility officials were questioned about one of the critical health reports last week.
Contact: wfrochejr999@gmail.com al
Harrisburg Patient in ER, Dead For an Hour
By Walter F. Roche Jr.
A patient in the Emergency Department at a Harrisburg hospital lay dead in a wheelchair for about an hour before a nurse noticed the patient looked distressed and searched for a pulse. There was none.
Video tapes of the June 26 incident at the UPMC Pinnacle Hospital showed no less than five employees, nurses and a security officer, walked past the woman whose head was hyperextended over the back of the wheelchair.
About an hour earlier the unidentified woman had gone to the registration desk and reported she couldn't breathe.
The videotapes showed she returned to her wheelchair and didn't move again until her lifeless body was found by the nurse at 5:24 a.m. The official time of death was set at 5:46 a.m.
A hospital spokeswoman, Amber Depew, said the faciliity worked with the state to prepare a corrective action plan and that the plan had been implemented and accepted by the state.
According to the report state inspectors, acting on a complaint went to the hospital in late June to examine records and question employees. They declared a state of imediate jeopardy, which forced hospital officials to immediately come up with a corrective action plan.
A plan was submitted about 90 minutes later which called for mandatory reassessment of patients awaiting care in the emergency department including an assessment of whether the patient's condition was worsening.
"The hospital must meet the emergency needs of the patients in accordance woth acceptable standards of practice," the 14-page report states. "The hospital failed to provide emergency care in a timely manner."
According to the report the unidentified woman arrived at the hospital at 3:08 a.m. with chest pains and vomiting.
At 4:07 a.m. she went to the intake desk reporting that she couldn't breathe.
"Patient able to speak in whole sentences," the registration employee wrote in the patient's record.
The next entry at 5:24 a.m.reported the patient's lifeless body had been found and the nurse who discovered it yelling out for help. But that only happened after five other staffers walked past the woman with her head hyperextended over the back of the wheelchair and her left arm outstretched over the armrest of the wheelchair.
The report states that actions or inactions by staff "may have delayed interventions which could have possibly prevented the patient's death."
The hospital's plan of correction includes re-educating all staffers on the need to periodically re-assess patients awaiting care.
"Staff to be vigilant for signs of anything unusual when completing rounds," the plan states. It also calls for periodic audits to assure compliance.
Contact: wfrochejr999@gmail.com
A patient in the Emergency Department at a Harrisburg hospital lay dead in a wheelchair for about an hour before a nurse noticed the patient looked distressed and searched for a pulse. There was none.
Video tapes of the June 26 incident at the UPMC Pinnacle Hospital showed no less than five employees, nurses and a security officer, walked past the woman whose head was hyperextended over the back of the wheelchair.
About an hour earlier the unidentified woman had gone to the registration desk and reported she couldn't breathe.
The videotapes showed she returned to her wheelchair and didn't move again until her lifeless body was found by the nurse at 5:24 a.m. The official time of death was set at 5:46 a.m.
A hospital spokeswoman, Amber Depew, said the faciliity worked with the state to prepare a corrective action plan and that the plan had been implemented and accepted by the state.
According to the report state inspectors, acting on a complaint went to the hospital in late June to examine records and question employees. They declared a state of imediate jeopardy, which forced hospital officials to immediately come up with a corrective action plan.
A plan was submitted about 90 minutes later which called for mandatory reassessment of patients awaiting care in the emergency department including an assessment of whether the patient's condition was worsening.
"The hospital must meet the emergency needs of the patients in accordance woth acceptable standards of practice," the 14-page report states. "The hospital failed to provide emergency care in a timely manner."
According to the report the unidentified woman arrived at the hospital at 3:08 a.m. with chest pains and vomiting.
At 4:07 a.m. she went to the intake desk reporting that she couldn't breathe.
"Patient able to speak in whole sentences," the registration employee wrote in the patient's record.
The next entry at 5:24 a.m.reported the patient's lifeless body had been found and the nurse who discovered it yelling out for help. But that only happened after five other staffers walked past the woman with her head hyperextended over the back of the wheelchair and her left arm outstretched over the armrest of the wheelchair.
The report states that actions or inactions by staff "may have delayed interventions which could have possibly prevented the patient's death."
The hospital's plan of correction includes re-educating all staffers on the need to periodically re-assess patients awaiting care.
"Staff to be vigilant for signs of anything unusual when completing rounds," the plan states. It also calls for periodic audits to assure compliance.
Contact: wfrochejr999@gmail.com
Saturday, August 27, 2022
Suit vs Compounder Goes On
https://www.reuters.com/legal/government/azurity-lawsuit-over-compounding-pharmacys-rival-drug-revived-court-2022-08-15/
Tuesday, August 23, 2022
More Problems at Hershey Transplant Program
By Walter F. Roche Jr.
A living donor kidney transplant procedure at the Milton Hershey Medical Center had to be halted after the donor had already been anesthesized, according to a a six-page report from the state Health Department.
The new report was made public just days after another state report detailed errors that led to the shutdown of the abdominal transplant program.
In a report made public last week, state inspectors found multiple cases in which the recipients of the transplanted organ were not told before surgery that the organ they were about to receive had been classified as high risk for failure.
In the newly released report state surveyors found that the living donor had already been put under general ansthesia when it was discovered that test results on the recipient showed that it might be "inadvisable" to go forward with the procedure.
"At that time I learned that there could be issues with the recipient, and we might not be able to proceed," an unidentified member of the transplant team told the surveyors.
"The living donor was put under anesthesia due to miscommunication regarding labs of the recipient," the report states.
The procedure was then halted and the patient was taken to the recovery room, according to the report. The incident occurred in March just weeks before the program was suspended.
When the health inspectors asked if there was a written policy in place to ensure coordination, they were told there was no written policy.
The facility filed a plan of correction calling for better communication between members of the transplant team including audits to ensure 100 per cent compliance.
The new process, the report states, will ensure "that the living donor is not subject to unnecessary procedures, medication or risks."
The report does not indicate whether the transplant was performed at a later date.
Hershey officials told the state that the confusion over the test results came after a change was made in the scheduling procedure. Under the old procedure tests were performed the day before the transplant. The new procedure called for the tests to be performed the same day as the transplant.
The report also cited the failure to fill out required forms.
Also contributing to the confusion was the fact that some members of the team were new.
In the report issued last week state inspectors found that the consent process was not being properly executed.
They also cited the fact that many Hershey tranplant patients had to be returned to the operating room due to the misplacement of the donated organ and, in one case, a perforated colon.
Contact: wfrochejr999@gmail.com
A living donor kidney transplant procedure at the Milton Hershey Medical Center had to be halted after the donor had already been anesthesized, according to a a six-page report from the state Health Department.
The new report was made public just days after another state report detailed errors that led to the shutdown of the abdominal transplant program.
In a report made public last week, state inspectors found multiple cases in which the recipients of the transplanted organ were not told before surgery that the organ they were about to receive had been classified as high risk for failure.
In the newly released report state surveyors found that the living donor had already been put under general ansthesia when it was discovered that test results on the recipient showed that it might be "inadvisable" to go forward with the procedure.
"At that time I learned that there could be issues with the recipient, and we might not be able to proceed," an unidentified member of the transplant team told the surveyors.
"The living donor was put under anesthesia due to miscommunication regarding labs of the recipient," the report states.
The procedure was then halted and the patient was taken to the recovery room, according to the report. The incident occurred in March just weeks before the program was suspended.
When the health inspectors asked if there was a written policy in place to ensure coordination, they were told there was no written policy.
The facility filed a plan of correction calling for better communication between members of the transplant team including audits to ensure 100 per cent compliance.
The new process, the report states, will ensure "that the living donor is not subject to unnecessary procedures, medication or risks."
The report does not indicate whether the transplant was performed at a later date.
Hershey officials told the state that the confusion over the test results came after a change was made in the scheduling procedure. Under the old procedure tests were performed the day before the transplant. The new procedure called for the tests to be performed the same day as the transplant.
The report also cited the failure to fill out required forms.
Also contributing to the confusion was the fact that some members of the team were new.
In the report issued last week state inspectors found that the consent process was not being properly executed.
They also cited the fact that many Hershey tranplant patients had to be returned to the operating room due to the misplacement of the donated organ and, in one case, a perforated colon.
Contact: wfrochejr999@gmail.com
Friday, August 19, 2022
Two Midway Firms Get TDEC approval
By Walter F. Roche
Two Midway firms underwent recent inspections by the Tennessee Department of Environment and Conservation and were found in compliance with the provisions of their permits.
The inspections in late July took place at Linde, Inc, which produces liquefied carbon dioxide, and at Yara, which will produce calcium nitrate once its plant is constructed. Those two firms share the site with US Nitrogen LLC.
Linde was notified that no violations were found during the inspection. Its permit was first issued on Jan. 30, 2000 and it was amended several times due to typographical errors.
TDEC told the company that its records were "adequate."
Records reviewed were for the period from July 30, 2021 to July 28 of this year.
"There were no malfunctions of monitoring systems during this period," the report states.
Under the permit Linde can produce up to 90,789 per year but the total produced was 65,358 pounds, the records showed.
Yara, which is not yet in production, was also found in compliance with its permit. TDEC said its records were also adequate.
"No performance tests performed," the inspection report states.
Contact: wfrochejr999@gmail.com
Two Midway firms underwent recent inspections by the Tennessee Department of Environment and Conservation and were found in compliance with the provisions of their permits.
The inspections in late July took place at Linde, Inc, which produces liquefied carbon dioxide, and at Yara, which will produce calcium nitrate once its plant is constructed. Those two firms share the site with US Nitrogen LLC.
Linde was notified that no violations were found during the inspection. Its permit was first issued on Jan. 30, 2000 and it was amended several times due to typographical errors.
TDEC told the company that its records were "adequate."
Records reviewed were for the period from July 30, 2021 to July 28 of this year.
"There were no malfunctions of monitoring systems during this period," the report states.
Under the permit Linde can produce up to 90,789 per year but the total produced was 65,358 pounds, the records showed.
Yara, which is not yet in production, was also found in compliance with its permit. TDEC said its records were also adequate.
"No performance tests performed," the inspection report states.
Contact: wfrochejr999@gmail.com
Wednesday, August 17, 2022
Hershey Files Corrective Action Plan
By Walter F. Roche Jr.
Officials of the Milton S. Hershey Medical Center have filed a detailed plan of correction to bring its kidney and liver transplant programs into compliance with federal regulations.
The Penn State University facility filed the plan in response to a May 6 report which found that Hershey did not comply with rules requiring an informed consent process and other rules relating to credentialing of staff and reporting of adverse events to the Centers for Medicare and Medicaid Services.
The abdominal transplant program was voluntarily placed in suspension in April, according to hospital officials.
The plan of correction calls for patients to be informed before surgery if the organs they are about to receive are classified as high risk or otherwise more likely to fail.
The May 6 report detailed several cases in which patients were not advised of the high risk category of the organ they were about to receive.
The corrective action plan calls for staff members of the transplant team to be re-educated on the correct consent requirements. It also calls for monitoring and auditing to assure future compliance.
Other elements pf the corrective action plan include informing CMS and the United Network for Organ Sharing of major staff changes, adverse events and the credentialing of member of the transplant teams. Contact:wfrochejr999@gmail.com
Officials of the Milton S. Hershey Medical Center have filed a detailed plan of correction to bring its kidney and liver transplant programs into compliance with federal regulations.
The Penn State University facility filed the plan in response to a May 6 report which found that Hershey did not comply with rules requiring an informed consent process and other rules relating to credentialing of staff and reporting of adverse events to the Centers for Medicare and Medicaid Services.
The abdominal transplant program was voluntarily placed in suspension in April, according to hospital officials.
The plan of correction calls for patients to be informed before surgery if the organs they are about to receive are classified as high risk or otherwise more likely to fail.
The May 6 report detailed several cases in which patients were not advised of the high risk category of the organ they were about to receive.
The corrective action plan calls for staff members of the transplant team to be re-educated on the correct consent requirements. It also calls for monitoring and auditing to assure future compliance.
Other elements pf the corrective action plan include informing CMS and the United Network for Organ Sharing of major staff changes, adverse events and the credentialing of member of the transplant teams. Contact:wfrochejr999@gmail.com
Tuesday, August 16, 2022
Rules Violated in Hershey Transplant Program
By Walter F. Roche Jr.
The Milton S. Hershey Medical Center suspended its abdominal transplant program in April just weeks before a highly critical report by state inspectors who found numerous violations of transplantation rules including failure to obtain proper informed consent from patients.
The report by state Health Department surveyors found some liver and kidney transplant patients were not told prior to surgery that the organs they were about to receive were classified as high risk for failure.
Citing statements from an unnamed Hershey employee, patients themselves and hospital records, the report states that the programs' informed consent process did not ensure that patients were informed of the condition of the organ offered for transplant.
One patient told state surveyors that it wasn't until after her surgery that she was informed that her donor was considered high risk.
An unnamed Hershey employee told the surveyors he/she was aware of two cases in which the patient wasn't told the organ being donated was "high risk" The report also states that the Hershey transplant program officials failed to report to state and federal officials critical changes in staffing and a series of adverse events including the death of one organ recipient.
"The staff failed to analyze a post operative death," the report states citing a patient death on Jan. 28.
"The transplant program must conduct a thorough analysis of any documentany adverse event," the report concludes.
In a statment issued today Hershey officials stressed that the suspension of liver and kidney transplant programs was voluntary and that some corrective measures have already been put in place.
"After placing the program on hold, we engaged an experienced outside third party to conduct an extensive review of our abdominal transplant program. Both the UNOS (United Network for Organ Sharing)and external reviews determined that while our clinical outcomes have been on par with other transplant programs, we have opportunities for structural and operational improvements that will enhance the program," said Scott Gilbert, a hospital spokesman.
The state Health Department report listed five cases in which patients had to be returned to the operating room after transplants due to a series of complications including a perforated colon and misplacements of the kidneys.
Even Hershey quality control officials were left out of the loop.
"They did not come to me, however they should have," Hershey's chief quality officer told surveyors from the Health Department.
Hospital officials also failed to submit for a qualty review five of the kidney cases requiring a return to the operating room.
As for the staffing changes, the report states that at the time of the inspections one key transplant official had been fired and another was on administrative leave. Additionally another transplant official died and yet another had retired.
Another official told surveyors the termination of the transplant manager was due to multiple "derelictions of duty."
"A transplant program must notify CMS (Center for Medicare and Medicaid Services) immediately of any significant changes related to the program that could affect its compliance," the report states.
It was only a year ago that the Hershey program was cited for failing to follow transplant program rules. Last year Hershey was cited for failing to promptly inform the Organ Procurement and Transplantation Network that patients had been removed from the transplant list.
Gilbert stressed that other hospital programs have not been affected by the suspension of the abdominal transsplant program.
Contact: wfrochejr999@gmail.com
The Milton S. Hershey Medical Center suspended its abdominal transplant program in April just weeks before a highly critical report by state inspectors who found numerous violations of transplantation rules including failure to obtain proper informed consent from patients.
The report by state Health Department surveyors found some liver and kidney transplant patients were not told prior to surgery that the organs they were about to receive were classified as high risk for failure.
Citing statements from an unnamed Hershey employee, patients themselves and hospital records, the report states that the programs' informed consent process did not ensure that patients were informed of the condition of the organ offered for transplant.
One patient told state surveyors that it wasn't until after her surgery that she was informed that her donor was considered high risk.
An unnamed Hershey employee told the surveyors he/she was aware of two cases in which the patient wasn't told the organ being donated was "high risk" The report also states that the Hershey transplant program officials failed to report to state and federal officials critical changes in staffing and a series of adverse events including the death of one organ recipient.
"The staff failed to analyze a post operative death," the report states citing a patient death on Jan. 28.
"The transplant program must conduct a thorough analysis of any documentany adverse event," the report concludes.
In a statment issued today Hershey officials stressed that the suspension of liver and kidney transplant programs was voluntary and that some corrective measures have already been put in place.
"After placing the program on hold, we engaged an experienced outside third party to conduct an extensive review of our abdominal transplant program. Both the UNOS (United Network for Organ Sharing)and external reviews determined that while our clinical outcomes have been on par with other transplant programs, we have opportunities for structural and operational improvements that will enhance the program," said Scott Gilbert, a hospital spokesman.
The state Health Department report listed five cases in which patients had to be returned to the operating room after transplants due to a series of complications including a perforated colon and misplacements of the kidneys.
Even Hershey quality control officials were left out of the loop.
"They did not come to me, however they should have," Hershey's chief quality officer told surveyors from the Health Department.
Hospital officials also failed to submit for a qualty review five of the kidney cases requiring a return to the operating room.
As for the staffing changes, the report states that at the time of the inspections one key transplant official had been fired and another was on administrative leave. Additionally another transplant official died and yet another had retired.
Another official told surveyors the termination of the transplant manager was due to multiple "derelictions of duty."
"A transplant program must notify CMS (Center for Medicare and Medicaid Services) immediately of any significant changes related to the program that could affect its compliance," the report states.
It was only a year ago that the Hershey program was cited for failing to follow transplant program rules. Last year Hershey was cited for failing to promptly inform the Organ Procurement and Transplantation Network that patients had been removed from the transplant list.
Gilbert stressed that other hospital programs have not been affected by the suspension of the abdominal transsplant program.
Contact: wfrochejr999@gmail.com
Monday, August 15, 2022
Court Clears Doctor in Meningitis Case
By Walter F. Roche Jr.
A Maryland appeals court has ruled that the doctor who injected a patient with a fungus laden steroid is not liable in the death of that patient who died within weeks of the injection with preservative free methylprednisolone acetate.
A three judge panel of the Maryland Court of Special Appeals ruled that it was the tainted drug that caused the death and not the actions of Dr. Ritu Bhambhani, a pain doctor and the Box Hill Surgery Center she ran.
The suit was brought by the estate of Brenda Rozek, who died on Sept. 16 of 2012. She had been injected by Bhambhani on Aug. 31.
Lawyers for the estate had argued that Bhambhani was at fault when she bought the steroids from the New England Compounding Center, a now defunct Massachusetts drug compounding company.
The three judge panel rejected that argument in upholding the decision of a Harford County jury that cleared the doctor of liability.
The Rozek suit was one of more than a dozen filed against Bhambhani. None have been successful.
Federal officials say that over 100 patients injected with drugs from NECC have died and nearly 800 have been sickened.
The president and part owner of NECC, Barry Cadden, and supervising pharmacist Glenn Chin were both convicted of federal racketeering, mail fraud and related charges stemming from an investigation of the deadly 2012 outbreak. Chin is serving a 10.5 year federal sentence, while Cadden is serving a 14 year sentence on those federal charges.
The two are now facing second degree murder charges in Michigan in the deaths of patients injected with the fungus laden drugs. Two separate federal juries however, declined to convict the two of federal second degree murder and racketeering charges.
Contact: wfrochejr999@gmail.com
A Maryland appeals court has ruled that the doctor who injected a patient with a fungus laden steroid is not liable in the death of that patient who died within weeks of the injection with preservative free methylprednisolone acetate.
A three judge panel of the Maryland Court of Special Appeals ruled that it was the tainted drug that caused the death and not the actions of Dr. Ritu Bhambhani, a pain doctor and the Box Hill Surgery Center she ran.
The suit was brought by the estate of Brenda Rozek, who died on Sept. 16 of 2012. She had been injected by Bhambhani on Aug. 31.
Lawyers for the estate had argued that Bhambhani was at fault when she bought the steroids from the New England Compounding Center, a now defunct Massachusetts drug compounding company.
The three judge panel rejected that argument in upholding the decision of a Harford County jury that cleared the doctor of liability.
The Rozek suit was one of more than a dozen filed against Bhambhani. None have been successful.
Federal officials say that over 100 patients injected with drugs from NECC have died and nearly 800 have been sickened.
The president and part owner of NECC, Barry Cadden, and supervising pharmacist Glenn Chin were both convicted of federal racketeering, mail fraud and related charges stemming from an investigation of the deadly 2012 outbreak. Chin is serving a 10.5 year federal sentence, while Cadden is serving a 14 year sentence on those federal charges.
The two are now facing second degree murder charges in Michigan in the deaths of patients injected with the fungus laden drugs. Two separate federal juries however, declined to convict the two of federal second degree murder and racketeering charges.
Contact: wfrochejr999@gmail.com
Friday, August 12, 2022
US Nitrogen Files River Report
A Greene County chemical firm pumped more than 20 million gallons of free water from the Nolichucky River during the month of July, according to a report filed recently with the Tennessee Department of Environment and Conservation.
US Nitrogen LLC pumped more than one million on 10 days in the month with the highest amount, a little over 1.1 million gallons, coming on July 25. The monthly report, which is required under the company's state permit, also shows the company discharged 12.13 million gallons of wastewater bck in to the river.
US Nitrogen uses the river water in cooling towers as part of the process to manufacture liquid ammonium nitrate.
The amount of water withdrawn in July was slightly more than the company repoorted for Aptil when 20.18 million gallons were pumped from the river. The company pays nothing for the water which is authorized under permits from two Tennessee agencies.
In a related development this week U.S. Nitrogen's parent company, Austin Powder, disclosed plans to build a major facility in Khazakastan. The plant would serve Austin Powder's customers in the region.
Tuesday, August 9, 2022
Behavioral Worker Laid on Restrained Patient
By Walter F. Roche Jr.
A worker at a 305-bed suburban Philadelphia behavioral hospital tackled and later laid across the upper body of a patient who by that time was already in restraints, according to a report from the state Health Department.
In a 10-page report on the Eagleville Hospital, state Health Department surveyors disclosed that they declared a state of "Immediate Jeopardy," shortly after they arrived at the facility. The declaration forced hospital administrators to come up with an immediate corrective action plan.
Acting on an unannounced complaint investigation, the surveyors reviewed hospital records, interviewed employees and reviewed video surveillance tapes to reconstruct the June 16 incident.
The same worker was observed pushing the patient at the neck and throat back down on the table. The frame-by -frame review showed the worker pushing the patient, in what surveyors described as questionable action.
Hospital officials did not respond to questions on the report.
Interviews with other Eagleville employees showed they witnessed the actions and concluded the worker's behaviour was "not consistent with safe restraint practices." One of those employees told state health surveyors said at one point the patient said,"He is choking me." Later the patient yelled," Get off my neck."
Still later the patient was observed foaming at the mouth.
The report states that the worker was first placed on leave and then terminated on July 8.
The facility filed a plan of correction which includes the placement of a monitor to observe activities in the area where patients are restrained. Eagleville also hired a consulting firm to review restraint practices.
The plan also calls for re-training the staff on correct restraint practices and setting standards on when restraints are to be halted. The facility medical manager also met personally with the 34 staff members including five of the six who were present for the June 16 incident.
Finally Eagleville administrators told the state they planned to re-design the restraint area and replace some of its equipment.
Contact: wfrochejr999@gmail.com
A worker at a 305-bed suburban Philadelphia behavioral hospital tackled and later laid across the upper body of a patient who by that time was already in restraints, according to a report from the state Health Department.
In a 10-page report on the Eagleville Hospital, state Health Department surveyors disclosed that they declared a state of "Immediate Jeopardy," shortly after they arrived at the facility. The declaration forced hospital administrators to come up with an immediate corrective action plan.
Acting on an unannounced complaint investigation, the surveyors reviewed hospital records, interviewed employees and reviewed video surveillance tapes to reconstruct the June 16 incident.
The same worker was observed pushing the patient at the neck and throat back down on the table. The frame-by -frame review showed the worker pushing the patient, in what surveyors described as questionable action.
Hospital officials did not respond to questions on the report.
Interviews with other Eagleville employees showed they witnessed the actions and concluded the worker's behaviour was "not consistent with safe restraint practices." One of those employees told state health surveyors said at one point the patient said,"He is choking me." Later the patient yelled," Get off my neck."
Still later the patient was observed foaming at the mouth.
The report states that the worker was first placed on leave and then terminated on July 8.
The facility filed a plan of correction which includes the placement of a monitor to observe activities in the area where patients are restrained. Eagleville also hired a consulting firm to review restraint practices.
The plan also calls for re-training the staff on correct restraint practices and setting standards on when restraints are to be halted. The facility medical manager also met personally with the 34 staff members including five of the six who were present for the June 16 incident.
Finally Eagleville administrators told the state they planned to re-design the restraint area and replace some of its equipment.
Contact: wfrochejr999@gmail.com
Monday, August 1, 2022
Nursing Home Patient Trapped in Lift
By Walter F. Roche Jr.
A patient in a state run nursing home was trapped at the ceiling in a lift till he became unresponsive as untrained and desparate staff couldn't figure out how to get him down.
The frantic efforts were detailed in a seven-page report from the state Health Department on the June 3 incident at the 196 bed Gino Merli Veterans Center in Scranton.
The facility "failed to ensure that nursing staff had the skills and competencies to assure resident safety," the report states, adding that the staff also lacked competency in handling emergencies."
The patient who suffered from dementia, diabetes and congestive heart failute had lived at the facility since 2015.
Officials of the state Department of Military and Veterans Affairs, which runs the Scranton facility, did not respond to questions about the incident including the outcome of the resident.
The report, based on interviews and reviews of videotapes of the 7:30 p.m. incident, states that the patient had been placed in the lift for transport to a bathroom and incontinence care.
"When staff members were lowering the lift the patient appeared to be turning red and became unresponsive," the report comtinues, adding that the lift had become wedged in the ceiling and ran out of battery power.
The state inquiry showed that the lift had an emergency button that would have allowed the staff to manually lower the patient but staff interviews showed they were unaware of the button, which was wedged in the ceiling and inaccessible.
"They had tried desparately to operate the lift, but failed," the report states.
After 10 to eleven minutes when another employee figured out how to release the lift the patient was lowered to the floor.
The report does not state whether the patient was able to be revived.
In a plan of correction officials of the facility said staff was being re-educated on the operation of the 10 lifts at the facility. The re-education included written tests and physical demonstrations.
Contact:wfrochejr999@gmail.com
A patient in a state run nursing home was trapped at the ceiling in a lift till he became unresponsive as untrained and desparate staff couldn't figure out how to get him down.
The frantic efforts were detailed in a seven-page report from the state Health Department on the June 3 incident at the 196 bed Gino Merli Veterans Center in Scranton.
The facility "failed to ensure that nursing staff had the skills and competencies to assure resident safety," the report states, adding that the staff also lacked competency in handling emergencies."
The patient who suffered from dementia, diabetes and congestive heart failute had lived at the facility since 2015.
Officials of the state Department of Military and Veterans Affairs, which runs the Scranton facility, did not respond to questions about the incident including the outcome of the resident.
The report, based on interviews and reviews of videotapes of the 7:30 p.m. incident, states that the patient had been placed in the lift for transport to a bathroom and incontinence care.
"When staff members were lowering the lift the patient appeared to be turning red and became unresponsive," the report comtinues, adding that the lift had become wedged in the ceiling and ran out of battery power.
The state inquiry showed that the lift had an emergency button that would have allowed the staff to manually lower the patient but staff interviews showed they were unaware of the button, which was wedged in the ceiling and inaccessible.
"They had tried desparately to operate the lift, but failed," the report states.
After 10 to eleven minutes when another employee figured out how to release the lift the patient was lowered to the floor.
The report does not state whether the patient was able to be revived.
In a plan of correction officials of the facility said staff was being re-educated on the operation of the 10 lifts at the facility. The re-education included written tests and physical demonstrations.
Contact:wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact:wfrochejr999@gmail.com
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.
Contact:wfrochejr999@gmail.com
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.
Contact: wfrochejr999
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.
Contact: wfrochejr999
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact:: wfrochejr999@gmail.com
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.
Contact:: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmail.com
Wednesday, June 29, 2022
Meningitis Study
https://original.newsbreak.com/@fareeha-arshad-1587440/2650086157744-researchers-finally-uncovered-the-deadly-pathway-involved-in-the-spreading-of-fungal-meningitis-in-the-brain
Wednesday, June 22, 2022
Action Stepping Up In Cadden, Chin MI Cases
By Walter F. Roche Jr.
With all their appeals denied, action is expected to step up in Livingston County Michigan in the criminal trials of two former pharmacists charged with 13 counts of second degree murder.
A status conference before Livingston County Judge Michael P. Hatty has been scheduled for July 15 in the cases of Barry Cadden and Glenn Chin.
At that session it is likely that a rough timetable will be sketched out for further pre-trial sessions and, finally for the cases to be presented to a jury.
Cadden and Chin were charged by the Michigan Attorney General for their roles in the deadly 2012 fungal meningitis outbreak. All 13 victims had been injected with steroids produced at the New England Compounding Center. Cadden was president and part owner of NECC while Chin was a supervisory pharmacist in the cleanroom where the drugs, tainted with deadly fungi, were produced.
Both Cadden and Chin filed a series of appeals arguing that the cases never should have been bound over for a jury trial due to a lack of evidence.
Both the state Court of Appeals and the state Supreme Court denied those appeals.
For victims of the outbreak and their families news that the cases are finally moving forward is very much good news.
"This trial can not get started soon enough as far as I am concerned. It has been delayed way too long and we need to have closure one way or the other," said Donna Borton, whose husband was a victim and is still recovering."
"So happy that the Michigan Supreme Court has ruled the trial can proceed," she added.
The July 15 session is scheduled for 10 a.m.in Hatty's Michigan courtroom.
Contact: wfrochejr999@gmail.com
With all their appeals denied, action is expected to step up in Livingston County Michigan in the criminal trials of two former pharmacists charged with 13 counts of second degree murder.
A status conference before Livingston County Judge Michael P. Hatty has been scheduled for July 15 in the cases of Barry Cadden and Glenn Chin.
At that session it is likely that a rough timetable will be sketched out for further pre-trial sessions and, finally for the cases to be presented to a jury.
Cadden and Chin were charged by the Michigan Attorney General for their roles in the deadly 2012 fungal meningitis outbreak. All 13 victims had been injected with steroids produced at the New England Compounding Center. Cadden was president and part owner of NECC while Chin was a supervisory pharmacist in the cleanroom where the drugs, tainted with deadly fungi, were produced.
Both Cadden and Chin filed a series of appeals arguing that the cases never should have been bound over for a jury trial due to a lack of evidence.
Both the state Court of Appeals and the state Supreme Court denied those appeals.
For victims of the outbreak and their families news that the cases are finally moving forward is very much good news.
"This trial can not get started soon enough as far as I am concerned. It has been delayed way too long and we need to have closure one way or the other," said Donna Borton, whose husband was a victim and is still recovering."
"So happy that the Michigan Supreme Court has ruled the trial can proceed," she added.
The July 15 session is scheduled for 10 a.m.in Hatty's Michigan courtroom.
Contact: wfrochejr999@gmail.com
Friday, June 17, 2022
Carter, Conigliaro Sentencings Set
By Walter F. Roche Jr.
Gregory Conigliaro, a former vice president and part owner of a drug company at the center of a deadly 2012 outbreak, will face an Oct. 18 sentencing hearing before a federal judge following his conviction on a charge that he conspired to defraud the U.S. Food and Drug Administration.
Conigliaro's sentencing session will take place at 10. a.m. in Boston, Mass. before U.S. District Judge Richard G. Stearns, the same judge who presided over Conigliao's trial.
Two days later a co-defendant, Sharon Carter, will face Stearns following her conviction on the same conspiracy charge. Carter and Conigliaro were employed at the New England Compounding Center, the company that produced the fungus laden steroids that ultimately caused more than 100 deaths. Carter was NECC's director of operations.
They were among 14 person connected to NECC who were indicted in December of 2014 following a two-year investigation of the outbreak.
Contact: wfrochejr999@gmail.com
Gregory Conigliaro, a former vice president and part owner of a drug company at the center of a deadly 2012 outbreak, will face an Oct. 18 sentencing hearing before a federal judge following his conviction on a charge that he conspired to defraud the U.S. Food and Drug Administration.
Conigliaro's sentencing session will take place at 10. a.m. in Boston, Mass. before U.S. District Judge Richard G. Stearns, the same judge who presided over Conigliao's trial.
Two days later a co-defendant, Sharon Carter, will face Stearns following her conviction on the same conspiracy charge. Carter and Conigliaro were employed at the New England Compounding Center, the company that produced the fungus laden steroids that ultimately caused more than 100 deaths. Carter was NECC's director of operations.
They were among 14 person connected to NECC who were indicted in December of 2014 following a two-year investigation of the outbreak.
Contact: wfrochejr999@gmail.com
Thursday, June 16, 2022
Chin to Stay in Michigan
By Walter F. Roche Jr.
One of the two ex-pharmcists facing multiple second degre murder charges is giving up on his efforts to get transferred to a federal prison to complete his 10.5 year sentence set following his conviction on federal racketeering and related charges.
James Buttrey, the lawyer for Glenn Chin, said his client will remain in the Livingston County Michigan Jail awaiting trial on 11 counts of second degree murder.
Chin had petitioned the Livingston County Circuit Court to be allowed to transfer to a federal prison where care for inmates is generally considered to be more favorable.
"Mr. Chin will remain in the Livingston County Jail for the pendency of his case," Buttrey wrote in an email response to questions. Chin and co-defendant Barry Cadden have been charged with 11 counts of second degree murder for the deaths of 11 Michigan patients who were injected with highly contaminated preservative free methylprednisolone acetate.
The drugs, laden with deadly fungi, were produced at a Massachusetts drug compounding firm where both were employed. Cadden was president and part-owner of the New England Compounding Center while Chin was a supervising pharmacist in the clean room where the deadly drugs were produced.
A federal grand jury had also charged both Cadden and Chin with second degree murder, but two separate juries declined to convict them on those charges.
The federal juries did find Cadden and Chin guilty of racketeering and related charges and Cadden was given a 14.5 year sentence and Chin got a 10.5 year sentence.
While Chin's transfer to a federal prison got conditional approval from Judge Michael Hatty, Chin was apparently unsuccessful in getting the federal Bureau of Prisons to place him in one of their facilities.
Contact: wfrochejr999@gmail.com
One of the two ex-pharmcists facing multiple second degre murder charges is giving up on his efforts to get transferred to a federal prison to complete his 10.5 year sentence set following his conviction on federal racketeering and related charges.
James Buttrey, the lawyer for Glenn Chin, said his client will remain in the Livingston County Michigan Jail awaiting trial on 11 counts of second degree murder.
Chin had petitioned the Livingston County Circuit Court to be allowed to transfer to a federal prison where care for inmates is generally considered to be more favorable.
"Mr. Chin will remain in the Livingston County Jail for the pendency of his case," Buttrey wrote in an email response to questions. Chin and co-defendant Barry Cadden have been charged with 11 counts of second degree murder for the deaths of 11 Michigan patients who were injected with highly contaminated preservative free methylprednisolone acetate.
The drugs, laden with deadly fungi, were produced at a Massachusetts drug compounding firm where both were employed. Cadden was president and part-owner of the New England Compounding Center while Chin was a supervising pharmacist in the clean room where the deadly drugs were produced.
A federal grand jury had also charged both Cadden and Chin with second degree murder, but two separate juries declined to convict them on those charges.
The federal juries did find Cadden and Chin guilty of racketeering and related charges and Cadden was given a 14.5 year sentence and Chin got a 10.5 year sentence.
While Chin's transfer to a federal prison got conditional approval from Judge Michael Hatty, Chin was apparently unsuccessful in getting the federal Bureau of Prisons to place him in one of their facilities.
Contact: wfrochejr999@gmail.com
Wednesday, June 15, 2022
No New Trial for Conigliaro, Carter
By Walter F. Roche Jr.
A federal judge has denied motions for a new trial by the last two defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak.
In a brief order issued today U.S. District Judge Richard G. Stearns rejected new trial requests for Gregory Conigliaro and Sharon P. Carter, both formerly affiliated with the now defunct New England Compounding Center, the company blamed for the fungal meningitis outbreak, which ultimately took the lives of more than 100 patients.
Conigliaro was vice president and part owner of NECC. Carter was an NECC supervisor.
The two were found guilty of conspiring to defraud the U.S. Food and Drug Administration. NECC shipped thousands of vials of methylprednisolone acetate contaminated with deadly fungi to hundrerds of health care providers across the country.
Stearns had originally cleared the two of the charges, but they were reinstated by the 1st Circuit Court of appeals.
Carter and Conigliaro were among 14 people affiliated with NECC who were indicted in late 2014 after a two-year federal investigation of the outbreak. Only one of the 14 was cleared of the charges.
In the order issued today Stearns also asked the court clerk to set a date for the sentencing of Carter and Conigliaro.
Contact: wfrochejr999@gmail.com
A federal judge has denied motions for a new trial by the last two defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak.
In a brief order issued today U.S. District Judge Richard G. Stearns rejected new trial requests for Gregory Conigliaro and Sharon P. Carter, both formerly affiliated with the now defunct New England Compounding Center, the company blamed for the fungal meningitis outbreak, which ultimately took the lives of more than 100 patients.
Conigliaro was vice president and part owner of NECC. Carter was an NECC supervisor.
The two were found guilty of conspiring to defraud the U.S. Food and Drug Administration. NECC shipped thousands of vials of methylprednisolone acetate contaminated with deadly fungi to hundrerds of health care providers across the country.
Stearns had originally cleared the two of the charges, but they were reinstated by the 1st Circuit Court of appeals.
Carter and Conigliaro were among 14 people affiliated with NECC who were indicted in late 2014 after a two-year federal investigation of the outbreak. Only one of the 14 was cleared of the charges.
In the order issued today Stearns also asked the court clerk to set a date for the sentencing of Carter and Conigliaro.
Contact: wfrochejr999@gmail.com