By Walter F. Roche Jr.
Federal prosecutors are asking a judge to release its hold on a two two acre properties owned by the now jailed former president of a drug compounding company and his wife.
In a series of filings in U.S. District Court in Boston, Mass., U.S. Justice Department lawyers asked that the lien on the two properties be lifted "as these properties no longer need to be restrained by the court."
Property records show the parcels are owned by Barry J. Cadden and his wife, Lisa. The lots are immediately adjacent to the Caddens family home, which they were forced to sell following Barry Cadden's conviction on racketering, conspiracy and mail fraud charges.
The house was sold for $1.3 million in 2019 with half the proceeds going to the federal government under a forfeiture order.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. He is currently serving a nine year federal prison sentence. He also is awaiting trial on 11 counts of second degree murder brought by the Michigan Attorney General.
The Michigan charges are based on the deaths of 11 patients who were injected with contaminated methylprednisolone acetate produced by NECC.
Wrentham records show the two lots are assessed for a little over $500,000. One of the lots is currently listed for sale at $325,000 with a notation that a sale is pending. If sold by the Caddens, half the proceeds would go to the federal government under the terms of the forfeiture order.
Contact: wfrochejr999@gmail.com
Wednesday, March 31, 2021
Friday, March 19, 2021
Final Victims' Payments Start in April
By Walter F. Roche Jr.
The final payments to victims of the 2012 fungal meningitis outbreak will start to be distributed next month, several months earlier than previously predicted.
Lynne Riley, the overseer of funds collected for the hundreds of victims, said payments will begin in April, assuming the release of the funds comes as scheduled.
The funds have been held in escrow because the time for the IRS to contest money in the fund had not expired.
Riley said she is awaiting word from a court appointed attorney on the exact amount being released within the next few days. Previously the total was estimated at $11.5 million.
The disclosure means checks will begin flowing well before the earlier predicted date in June.
The checks will be the third wave of relief for the victims. Prior distributions totaled more than $100 million and went to a little over 2,000 victims.
The final payment will come from tax refunds collected from the owners of the New England Compounding Center, the company blamed for the deadly outbreak. The owners agreed to give up a portion of the tax refunds as part of a court approved settlement.
Contact:wfrochejr999@gmail.com
The final payments to victims of the 2012 fungal meningitis outbreak will start to be distributed next month, several months earlier than previously predicted.
Lynne Riley, the overseer of funds collected for the hundreds of victims, said payments will begin in April, assuming the release of the funds comes as scheduled.
The funds have been held in escrow because the time for the IRS to contest money in the fund had not expired.
Riley said she is awaiting word from a court appointed attorney on the exact amount being released within the next few days. Previously the total was estimated at $11.5 million.
The disclosure means checks will begin flowing well before the earlier predicted date in June.
The checks will be the third wave of relief for the victims. Prior distributions totaled more than $100 million and went to a little over 2,000 victims.
The final payment will come from tax refunds collected from the owners of the New England Compounding Center, the company blamed for the deadly outbreak. The owners agreed to give up a portion of the tax refunds as part of a court approved settlement.
Contact:wfrochejr999@gmail.com
Tuesday, March 2, 2021
Hospital Failed to Monitor Patient
By Walter F. Roche Jr.
A patient at a Bucks County hospital who was supposed to be monitored every hour was not checked for seven hours when he was finally found unresponsive.
The November incident at Saint Mary Medical Center prompted inspectors from the state Health Department to declare a state of immediate jeopardy when they arrived at the facility in early December.
The details of the case were spelled out in a report just made public by the state agency.
The report does not indicate whether the patient recovered and hospital officials did not respond to a series of questions.
According to the report the patient, who had a history of diabetes and a heart condition arrived at the hospital on Nov. 23 and a physician ordered that he be placed on a continuous insulin drip. Under hospital policy that meant the patient was supposed to be monitored every hour for glucose levels.
According to the report, hospital records showed that the patient was not monitored at all from 10:45 a.m. till 7:08 p.m. when he was found unresponsive.
"Glucose measurements should have been taken every hour," the report states, adding that "a patient has a right to receive care in a safe setting."
In response to the immediate jeopardy declaration, hospital officials drew up an immediate response including staff education and a system to create an alert whenever a continuous insulin drip is ordered.
The state of immediate jeopardy was lifted at 8:12 p.m. on Dec. 12 after the immediate response plan was approved.
According to the report the employee, identified as Employee 3, who was supposed to have monitored the patient was on leave and unavailable for interview.
"Employee 3 did not follow the appropriate physician's orders," the report states.
Contact: wfrochejr999@gmail.com
A patient at a Bucks County hospital who was supposed to be monitored every hour was not checked for seven hours when he was finally found unresponsive.
The November incident at Saint Mary Medical Center prompted inspectors from the state Health Department to declare a state of immediate jeopardy when they arrived at the facility in early December.
The details of the case were spelled out in a report just made public by the state agency.
The report does not indicate whether the patient recovered and hospital officials did not respond to a series of questions.
According to the report the patient, who had a history of diabetes and a heart condition arrived at the hospital on Nov. 23 and a physician ordered that he be placed on a continuous insulin drip. Under hospital policy that meant the patient was supposed to be monitored every hour for glucose levels.
According to the report, hospital records showed that the patient was not monitored at all from 10:45 a.m. till 7:08 p.m. when he was found unresponsive.
"Glucose measurements should have been taken every hour," the report states, adding that "a patient has a right to receive care in a safe setting."
In response to the immediate jeopardy declaration, hospital officials drew up an immediate response including staff education and a system to create an alert whenever a continuous insulin drip is ordered.
The state of immediate jeopardy was lifted at 8:12 p.m. on Dec. 12 after the immediate response plan was approved.
According to the report the employee, identified as Employee 3, who was supposed to have monitored the patient was on leave and unavailable for interview.
"Employee 3 did not follow the appropriate physician's orders," the report states.
Contact: wfrochejr999@gmail.com
Sunday, February 28, 2021
Covid Vaccine ... Or Not
By Walter F. Roche Jr.
For some victims of the 2012 fungal meningitis outbreak, whose lives were forever altered by an injection, the prospect of getting the COVID-19 vaccine injection is presenting somewhat of a dilemma.
"Having had one injection that wreaked havoc on my life and others, I am not anxious to obtain one of the new COVID vaccines," said Kathleen Cooley, a Michigan resident.
Cooley said she was not ruling out getting the vaccine "forever" but was adopting a wait and see attitude.
"I am just not sure this vaccine is safe yet," said Dawn Elliott, an Indiana resident who still suffers from her 2012 injection with a contaminated steroid.
"I plan to wait a bit, " Elliott added, noting that a friend of hers had a high fever and blistering gums after getting the second COVID-19 vaccine.
Other victims have expressed concerns on a facebook site which was set up as a communications link for fungal meningitis outbreak victims. Though some have also expressed concern that the after effects of the fungal meningitis outbreak might make them susceptible to a more severe reaction from the vaccine, experts say that is not the case.
"I can think of no reason that persons affected by fungal meningitis should not receive COVID vaccine---unless, as with everyone, they have one of the standard precautions," said Dr. William Schaffner, an infectious disease expert at the Vanderbilt University Medical Center.
Rita Geisler, an Indiana outbreak victim, said she already got the two Pfizer vaccine shots with little effect.
She said she experienced a little hardness around the injection site for a few days after the first shot "but it didn't really hurt."
Joan Peay, a Nashville outbreak victim, said she decided to get the vaccine after her husband got both shots without any ill effects.
She got her first shot over the weekend at the Music City Center.
"I took two ibuprofen on the way there and did not get sick. My arm was a little sore yesterday but it is okay today and I get the second shot in three weeks," Peay said.
Angel Farthing, a Maryland outbreak victim who suffered serious after effects from fungal meningitis, said that she was not at all hesitant about getting the vaccine.
Farthing, who works in education, said she was ready to get back in school and into a normal life.
"I'm done with my life being stolen and my hope is that the shot can give me some of my life back," Farthing added.
Contact: wfrochejr999@gmail.com
For some victims of the 2012 fungal meningitis outbreak, whose lives were forever altered by an injection, the prospect of getting the COVID-19 vaccine injection is presenting somewhat of a dilemma.
"Having had one injection that wreaked havoc on my life and others, I am not anxious to obtain one of the new COVID vaccines," said Kathleen Cooley, a Michigan resident.
Cooley said she was not ruling out getting the vaccine "forever" but was adopting a wait and see attitude.
"I am just not sure this vaccine is safe yet," said Dawn Elliott, an Indiana resident who still suffers from her 2012 injection with a contaminated steroid.
"I plan to wait a bit, " Elliott added, noting that a friend of hers had a high fever and blistering gums after getting the second COVID-19 vaccine.
Other victims have expressed concerns on a facebook site which was set up as a communications link for fungal meningitis outbreak victims. Though some have also expressed concern that the after effects of the fungal meningitis outbreak might make them susceptible to a more severe reaction from the vaccine, experts say that is not the case.
"I can think of no reason that persons affected by fungal meningitis should not receive COVID vaccine---unless, as with everyone, they have one of the standard precautions," said Dr. William Schaffner, an infectious disease expert at the Vanderbilt University Medical Center.
Rita Geisler, an Indiana outbreak victim, said she already got the two Pfizer vaccine shots with little effect.
She said she experienced a little hardness around the injection site for a few days after the first shot "but it didn't really hurt."
Joan Peay, a Nashville outbreak victim, said she decided to get the vaccine after her husband got both shots without any ill effects.
She got her first shot over the weekend at the Music City Center.
"I took two ibuprofen on the way there and did not get sick. My arm was a little sore yesterday but it is okay today and I get the second shot in three weeks," Peay said.
Angel Farthing, a Maryland outbreak victim who suffered serious after effects from fungal meningitis, said that she was not at all hesitant about getting the vaccine.
Farthing, who works in education, said she was ready to get back in school and into a normal life.
"I'm done with my life being stolen and my hope is that the shot can give me some of my life back," Farthing added.
Contact: wfrochejr999@gmail.com
Friday, February 26, 2021
Appeals Court Upholds NECC Convictions
By Walter F. Roche Jr.
A federal appeals court has upheld the convictions of three former employees of a drug compounding company blamed for a deadly 2012 fungal meningitis outbreak.
In a 61-page decision the First Circuit Court of appeals sitting in Boston, Mass. upheld the guilty verdicts returned by a jury in late 2018 against Gene Svirskiy, Alla Stepanets and Christopher Leary. All three worked at the now defunct New England Compounding Center.
NECC was the source of contaminated steroids that were shipped to unsuspecting health care providers in 2012. The fungus ridden drugs ultimately took the lives of more than 100 patients.
But as the ruling written by Appeals Court Judge David J. Barron points out, the three defendants played no role in preparing the tainted steroids. They were convicted of other violations turned up in a two year federal probe of NECC.
Svirskiy, who managed one of NECC's clean rooms, was convicted of racketeering, racketeering conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. He is now serving a 30 month sentence imposed by U.S. District Judge Richard G. Stearns.
Leary was sentenced to eight months of home confinement while Stepanets was sentenced to one year of probation. The apppeals court also upheld the conviction of Stepanets on multiple counts of violating the Food Drug and Cosmetic Act and Leary on mail fraud and Food Drug and Cosmetic Act violations.
In the detailed ruling the three judge panel rejected arguments that the defendants were not actually acting as pharmacists in their jobs at NECC and were not involved in the sales pitches made by NECC's sales staff.
The three were among 14 indicted in late 2014 following the two-year grand jury investigation. Only one of the 14 was acquitted of the charges. Contact: wfrochejr999@gmail.com
A federal appeals court has upheld the convictions of three former employees of a drug compounding company blamed for a deadly 2012 fungal meningitis outbreak.
In a 61-page decision the First Circuit Court of appeals sitting in Boston, Mass. upheld the guilty verdicts returned by a jury in late 2018 against Gene Svirskiy, Alla Stepanets and Christopher Leary. All three worked at the now defunct New England Compounding Center.
NECC was the source of contaminated steroids that were shipped to unsuspecting health care providers in 2012. The fungus ridden drugs ultimately took the lives of more than 100 patients.
But as the ruling written by Appeals Court Judge David J. Barron points out, the three defendants played no role in preparing the tainted steroids. They were convicted of other violations turned up in a two year federal probe of NECC.
Svirskiy, who managed one of NECC's clean rooms, was convicted of racketeering, racketeering conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. He is now serving a 30 month sentence imposed by U.S. District Judge Richard G. Stearns.
Leary was sentenced to eight months of home confinement while Stepanets was sentenced to one year of probation. The apppeals court also upheld the conviction of Stepanets on multiple counts of violating the Food Drug and Cosmetic Act and Leary on mail fraud and Food Drug and Cosmetic Act violations.
In the detailed ruling the three judge panel rejected arguments that the defendants were not actually acting as pharmacists in their jobs at NECC and were not involved in the sales pitches made by NECC's sales staff.
The three were among 14 indicted in late 2014 following the two-year grand jury investigation. Only one of the 14 was acquitted of the charges. Contact: wfrochejr999@gmail.com
Thursday, February 18, 2021
Judge OKs Another Ronzio Sentencing Delay
By Walter F. Roche Jr.
A federal judge today approved a delay in the sentencing of a key figure in the fungal meningitis criminal cases, but he declined to make the delay indefinite.
U.S. District Court Judge Richard G. Strearns, sitting in Boston, Mass., issued a brief order setting June 22 for the sentencing of Robert Ronzio, the former sales chief at the New England Compounding Center, the company blamed for the deadly 2012 outbreak.
Lawyers for Ronzio and federal proscutors had asked for an indefinite delay until an appeals court rules on a closely related case.
Under a plea agreement Ronzio entered a guilty plea to a single count of conspiracy to defraud the U.S. Food and Drug Administration.
Federal prosecutors are appealing a decision by Stearns acquitting two of Ronzio's co-conspirators, Gregory Conigliaro and Sharon Carter, of the same charge.
Ronzio testified extensively for the prosecution in the trials of other NECC connected defendants.
The Ronzio sentencing had been set for April 6.
Contact: wfrochejr999@gmail.com
A federal judge today approved a delay in the sentencing of a key figure in the fungal meningitis criminal cases, but he declined to make the delay indefinite.
U.S. District Court Judge Richard G. Strearns, sitting in Boston, Mass., issued a brief order setting June 22 for the sentencing of Robert Ronzio, the former sales chief at the New England Compounding Center, the company blamed for the deadly 2012 outbreak.
Lawyers for Ronzio and federal proscutors had asked for an indefinite delay until an appeals court rules on a closely related case.
Under a plea agreement Ronzio entered a guilty plea to a single count of conspiracy to defraud the U.S. Food and Drug Administration.
Federal prosecutors are appealing a decision by Stearns acquitting two of Ronzio's co-conspirators, Gregory Conigliaro and Sharon Carter, of the same charge.
Ronzio testified extensively for the prosecution in the trials of other NECC connected defendants.
The Ronzio sentencing had been set for April 6.
Contact: wfrochejr999@gmail.com
Tuesday, February 16, 2021
Another Ronzio Sentencing Date Being Delayed
By Walter F. Roche Jr.
Yet another delay is being requested in the sentencing of a key government witness in the criminal case stemming from the deadly 2012 fungal meningitis outbreak.
Lawyers for Robert Ronzio and federal prosecutors filed a joint motion today in U.S. District Court in Boston asking that Ronzio's scheduled April 6 sentencing be postponed until the First Circuit Court of Appeals acts on a closely related appeal.
Under a plea deal with the U.S. Attorney Ronzio, who was the sales chief at the New England Compounding Center, pleaded guilty to conspiring to defraud the U.S. Food and Drug Adminstration.
NECC was the source of thousands of vials of fungus riddled methylprednisolone acetate that was injected into hundreds of unsuspecting patients. Over 100 of them eventually died while hundreds more were sickened with fungal meningitis.
Ronzio was charged with conspiring with two other NECC officials, Gregory Conigliaro and Sharon Carter. The two were found guilty on Dec. 13,2018 following a jury trial, but then had their convictions overturned by U.S. District Judge Richard G. Stearns.
Conigliaro was vice president and part owner for NECC while Carter was director of operations at the Framingham, Mass. drug compounding facility.
Federal prosecutors are appealing Stearn's decision but the three judge panel that heard the case has yet to rule.
In return for his plea deal Ronzio testified extensively for prosecutors in the trials of other NECC defendants.
The April 6 sentencing date was set in late August of 2020.
Contact: wfrochejr999@gmail.com
Yet another delay is being requested in the sentencing of a key government witness in the criminal case stemming from the deadly 2012 fungal meningitis outbreak.
Lawyers for Robert Ronzio and federal prosecutors filed a joint motion today in U.S. District Court in Boston asking that Ronzio's scheduled April 6 sentencing be postponed until the First Circuit Court of Appeals acts on a closely related appeal.
Under a plea deal with the U.S. Attorney Ronzio, who was the sales chief at the New England Compounding Center, pleaded guilty to conspiring to defraud the U.S. Food and Drug Adminstration.
NECC was the source of thousands of vials of fungus riddled methylprednisolone acetate that was injected into hundreds of unsuspecting patients. Over 100 of them eventually died while hundreds more were sickened with fungal meningitis.
Ronzio was charged with conspiring with two other NECC officials, Gregory Conigliaro and Sharon Carter. The two were found guilty on Dec. 13,2018 following a jury trial, but then had their convictions overturned by U.S. District Judge Richard G. Stearns.
Conigliaro was vice president and part owner for NECC while Carter was director of operations at the Framingham, Mass. drug compounding facility.
Federal prosecutors are appealing Stearn's decision but the three judge panel that heard the case has yet to rule.
In return for his plea deal Ronzio testified extensively for prosecutors in the trials of other NECC defendants.
The April 6 sentencing date was set in late August of 2020.
Contact: wfrochejr999@gmail.com
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