tag:blogger.com,1999:blog-36505342635575034432024-03-14T01:20:49.202-07:00meningitis-etcmeningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.comBlogger1002125tag:blogger.com,1999:blog-3650534263557503443.post-41149905336180191242022-11-21T14:07:00.003-08:002022-11-21T18:02:45.381-08:00Care Questioned in Windber Hospital Death
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
"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.<br>
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.<br>
In its plan of correction the hospital, formerly known as the Windber Medical Center, realligned staff and re-educated the staff on proper procedures.<br>
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.<br>
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.<br>
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.<br>
<b>contact: wfrochejr999#gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-25272623416094165472022-11-18T16:30:00.003-08:002022-11-19T09:20:56.340-08:00Cadden, Chin Trials Off Till 2023
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.”<br>
“My department looks forward in taking the next steps to seek justice for the victims and their families,”she added.<br>
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.<br>
Chin was a supervising pharmacist at NECC overseeing the clean room where the deadly drugs were produced.<br>
<b>Contact: wfrochejr999@gmail.com<b><i></i></b></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-43825265373179329422022-11-12T17:54:00.006-08:002022-11-12T18:08:49.478-08:00Conigliaro House Goes for $4 million
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
U.S. District Judge Richard G. Stearns granted the motion and lifted the $250,000 lien.<br>
Conigliaro was one of 14 charged in late 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak.<br>
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.<br>
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.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com1tag:blogger.com,1999:blog-3650534263557503443.post-80544260351431989082022-11-10T17:34:00.004-08:002022-11-10T18:01:18.164-08:00Yara Drops Out of USN Project
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
In his letter Groenen thanked TDEC officials for their assistance and cooperation. He offered no explicit explanation for the withdrawal.<br>
"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.
<b>Contact:wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-25844911246484323332022-11-10T13:40:00.003-08:002022-11-10T18:24:38.054-08:00Judge 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.<br>
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.<br>
Chin and Cadden's lawyers argued that without more detail about the charges they would be unable to provide a full defense.<br>
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.<br>
Hatty delayed ruling on a second defense motion regarding evidence extracted from computers by federal officials investigating the 2012 fungal meningitis outbreak.<br>
The outbreak was caused by contaminated drugs produced by the New England Compounding Center, the company where Chin and Cadden were employed.<br>
Hatty said he needed additional information before ruling.<br>
Hatty will meet with the three attorneys on Nov. 17 to work out a schedule for future motion hearings.
<b>Donna Borton<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-16343859729717952302022-11-07T14:44:00.002-08:002022-11-08T11:44:23.220-08:00 Cadden: Details "Vague and Insufficient"
By Walter F. Roche Jr.<br>
<br>
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."<br>
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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
"The state has failed to elucidate the factual basis for it charges," the brief authored by Gregory Gleesom and Thomas Cranmer states.<br>
"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.<br>
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.<br>
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.<br>
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.<br>
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.<br>
Hamilton cites testimony from former NECC employees about the insanitary conditions at NECC and the roles played by both Cadden and Chin.<br>
"A bill of particulars would be superfluous," the filing concludes.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-13138124120380425262022-11-05T12:26:00.006-07:002022-11-05T17:31:21.135-07:00USN Files River ReportBy Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-82996402546561189942022-11-04T11:20:00.002-07:002022-11-04T11:20:48.691-07:00Tyrone Hospital Cited for DelaysBy Walter F. Roche Jr.<br>
<br>
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.<br>
The recent incident at the Penn Highlands Tyrone hospital was detailed in a Sept. 19 report just made public by the state Health Department.<br>
The seven-page report cites the facility for "failure to ensure that transfer arrangements were made" for patients requiring transfer to higher level facility.<br>
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.<br>
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.<br>
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.<br>
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.<br>
State health surveyors also found that hospital personnel were treating emergency patients in an area only authorized for triage.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-22234540036618812492022-10-27T17:00:00.000-07:002022-10-27T17:00:41.233-07:00USN Reports on Temporary Generators
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
The ammonium nitrate manufacturer sought approval for use of the temporary generators when a leak developed in the in-house unit.<br>
The company said the temporary boilers would produce negligble emissions and should be exempt from a permit requirement.<br>
TDEC agreed and gave the company the go-ahead with the condition that the temporary boiler equipment could only be used for 14 days.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-3542194619024755142022-10-27T09:33:00.005-07:002022-10-27T09:33:43.289-07:00Unmonitored UPMC Patient Found Dead
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
An order for a pulse oximetry monitor was also ignored.<br>
Hospital officals did not respond to questions on the report.<br>
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.<br>
"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."<br>
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.<br>
Although an emergency reponse team was summoned, no action was taken because the patient was under a do not resuscitate order.<br>
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.<br>
A plan was submitted calling for staff to immediately place cardiac monitors on arriving patients when ordered by the admitting physician.<br>
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.<br>
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.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-53293678438662977312022-10-26T14:34:00.004-07:002022-10-26T14:34:35.172-07:00US Nitrogen Seeks Two Month Delay
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
As Charles wrote, the excesses beyond permitted levels were detected at an outfall from a detention pond.<br>
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.<br>
Finally, he concluded a new pump must be installed.<br>
"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.<br>
The request came by email one day before the original deadline.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-60027579678937853312022-10-19T17:36:00.007-07:002022-10-20T18:31:21.922-07:00Cadden, 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.<br>
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.<br>
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.<br>
It is unclear if the sessions will be open to the public.<br>
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.<br>
Cadden was president and part owner of the New England Compounding Center, the company that caused the deadly outbreak.<br>
Chin was a supervisor in the clean room where drugs infested with deadly fungi were produced.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-51925523552824966642022-10-18T14:16:00.002-07:002022-10-18T14:16:28.438-07:00Hershey Transplant Woes DeepenBy Walter F. Roche Jr<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
The report notes that Hershey was required to report immediately to federal officials any significant changes in the transplant programs.<br>
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.<br>
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.<br>
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.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-38796105622847607432022-10-17T14:38:00.009-07:002022-10-18T12:23:54.985-07:00More Legal Fees In Campbell Estate
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
In a filing defending the request estate attorneys said the fees were reasonable and consistent.<br>
The billing shows hourly rates for those providing services ranged from $250 to $775 an hour.<br>
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.meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-73363873041107817462022-10-17T14:00:00.000-07:002022-10-17T14:00:33.418-07:00Multiple Violations at TN Veterans HomeBy Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
"The facility failed to ensure residents received care and treatment in accordance with professional standards of practice," the report states.<br>
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.<br>
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.<br>
In addition facility records showed the patient's physician was not informed of those "significant" errors.<br>
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.<br>
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.<br>
"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.<br>
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.<br>
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.
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-78745117518846962142022-10-14T12:17:00.004-07:002022-10-14T12:17:55.935-07:00Cadden's Sentence Upheld
By Walter F. Roche Jr.<br>
<br>
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.<br>
Barry J. Cadden, who is now facing second degree murder charges in a related Michigan prosecution, had challenged enhancements imposed in his prior sentencing.<br>
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<br>"
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.<br>
Chief Judge David Barron, who wrote the 16-page opinion, stated that the two cases did not present an "apples to apples comparison."<br>
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.<br>
Cadden had cited the disparity in claiming his sentence was excessive.<br>
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.<br>
He concluded that the gap between Cadden and Chin's sentences was not impermissibly disparate.<br>
An $82 million restitution order against both Chin and Cadden remains in place under the latest ruling.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-86406191820132632162022-10-13T13:45:00.002-07:002022-10-13T13:53:25.946-07:00Chin Attorney Seeks Details on Murder Charges
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
The motion argues that the defense has a right to know the factual basis for the charges.<br> 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.
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com1tag:blogger.com,1999:blog-3650534263557503443.post-1775906619709721042022-10-13T07:16:00.001-07:002022-10-13T07:16:14.597-07:00Supreme Court Denies Chin Appeal
By Walter F. Roche Jr.<br>
<br>
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.<br>
The high court listed Chin's appeal in a routine listing of dozens of cases being denied the right to pursue an appeal.<br>
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.<br>
Chin was the supervising pharmacist in the clean room where the fungus laden steroids were prepared.<br>
Chin had appealed charging that two so-called sentence enhancements should not have been applied to him.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-50622987336934687722022-10-06T18:13:00.003-07:002022-10-06T18:13:53.413-07:00US Nitrogen Files River Use Report
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
The September total compares with the 26.35 million gallons drawn from the river in August.<br>
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.<br>
In August US Nitrogen pumped 11.6 million gallons back in to the river.<br>
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.<br>
The water is pumped from mile marker 20.8 on the Nolichucky through a 12 mile pipeline to the Midway manufacturing facility.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-43437221464647163312022-09-29T07:57:00.003-07:002022-10-18T12:20:53.183-07:00Stearns Lifts Conigliaro Lien
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
Lawyers for the Conigliaros petitioned for the release noting that their probation sentences - two years for Douglas and one year for Carla - had passed.<br>
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.<br>
In addition to the Norfolk County home, the Conigliaros own a Beacon Hill condo. They purchased it for slightly less than $4.2 million.<br>
Douglas Conigliaro headed Medical Sales Management, the sales arm for the New England Compounding Center, the company blamed for the 2012 outbreak.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com1tag:blogger.com,1999:blog-3650534263557503443.post-70027330143913000122022-09-26T15:36:00.006-07:002022-09-26T19:29:13.249-07:00US Nitrogen Request Approved
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
But Wright cautioned that the examption only applies if the company only utilizes the boilers for 14 days and at the specified rates.<br>
Deviations from the details in the request, he wrote, could be considered as "circumvention of the requirements" of the company's permit.<br>
US Nitrogen requested the "insignificant emissions" categorization, citing the specifications of the two temporary boilers.<br>
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.<br>
US Nitrogen's primary product is ammonium nitrate used in the production of explosives by its corporate parent, Ohio based Austin Powder.<br>
<b>Contact:wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-60244981611489793902022-09-26T15:15:00.003-07:002022-09-26T19:30:45.352-07:00Cadden, Chin Case: Key Dates Set
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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.<br>
The orders follow two sessions last week as progress in the longstanding case appears to be speeding up.<br>
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.<br>
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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-20304860590891858622022-09-25T08:14:00.003-07:002022-09-26T14:55:17.717-07:00Search Goes on for Judge's RemainsBy Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
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."<br>
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.<br>
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.<br>
In the pending Chancery Court action, all known relatives were contacted and none raised any objections to the relocation.<br>
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.<br>
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.<br>
"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.<br>
<b>Contact: wfrochejr999@gmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-29707598680687141632022-09-23T14:29:00.003-07:002022-09-24T09:12:34.567-07:00NECC Defendants Want Lien Lifted
By Walter F. Roche Jr.<br>
<br>
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.<br>
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.<br>
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.<br>
The 13-room residence is currently assessed at a little over $2 milllion.<br>
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.<br>
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.<br>
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.<br>
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.<br>
Hatty is expected to issue formal orders next week on those remaining issues.<br>meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com0tag:blogger.com,1999:blog-3650534263557503443.post-12347990039281075002022-09-22T09:00:00.001-07:002022-09-22T15:23:25.089-07:00Cadden, Chin To Be Tried SeparatelyFrom Donna Borton<br>
<br>
A Michigan judge has ruled that two former pharmacists will be tried separatly on multiple second degree murder charges.<br>
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.<br>
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.<br>
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.<br>
Chin and Cadden's lawyers argued that a federal judge had concluded that the two had to be tried separately.<br>
The two were ultimately acquitted by two separate federal juries of murder charges but were found guilty of racketeering and fraud charges.<br>
Prosecutors argued that a joint trial was appropriate because many of the witnesses and much of the evidence against both defendants were the same.<br>
<b>Contact: wallyroche@hotmail.com<i></i></b>
meningitis-etc.blogspot.comhttp://www.blogger.com/profile/11899844507666797626noreply@blogger.com1