By Walter F. Roche Jr.
As another year comes to a close, key questions remain unanswered for victims and perpetrators of a deadly 2012 fungal meningitis outbreak.
Barry Cadden and Glenn Chin have yet to learn if they are likely to spend the rest of their lives in prison. Both have appealed a Michigan ruling that they must stand trial on 11 counts of second degree murder.
Victims of the outbreak and their survivors also are awaiting the outcome of the Chin and Cadden Michigan murder charges. The charges stem from the deaths of 11 patients who were injected with contaminated steroids, produced at a drug compounding firm where the two played key roles.
Victims also are anxious to know when or if the $82 million restitution order will ever be fully enforced. Most involved in the case concede it is unlikely the full $82 million will ever be distributed to the 379 victims.
Cadden and Chin, as a result of the same federal appeals court ruling, had their sentences boosted, Cadden now faces a 15.5 year federal sentence while Chin's was increased to 10.5 years.
During the year victims did get the final $11.5 million distribution from the settlement of related civil litigation.
A federal appeals court meanwhile reversed the acquittal of two other employees of the New England Compounding Center, the compounding drug company where Cadden was president and part owner.
Gregory Conigliaro and Sharon Carter were convicted of conspiring to defraud the federal government.
Another defendant Gene Svirskiy finished his sentence in 2021 and was released. Svirskiy, court documents show, plans to resume working in another compounding pharmacy, part owned by a member of the Massachusetts board which regulates pharmacists.
A company formed by Gregory Conigliaro, meanwhile, purchased a Cape Cod seaside house for $3 million.
Cadden's Wrentham Mass. house, which had been seized by the federal government, was sold off at auction for $1.3 milllion.
Another defendant, Robert Ronzio, who cut a deal with federal prosecutors and became their star witness, has had his sentencing hearing delayed and delayed. The session is now scheduled for Feb. 8 of next year.
Ronzio was head of sales at NECC and gave extensive testimony about the company's operations. He pleaded guilty to one count of conspiring to defraud the federal government,
Contact: wfrochejr999@gmail.com
Thursday, December 30, 2021
Monday, December 13, 2021
Pharmacist Files Appeals Notice in Federal Case
By Walter F. Roche Jr.
One of the former pharmacists convicted of racketeering and related chargesnhas filed notice of a series of appeals including the recent addition of $3,312 to an $82 million restitution order.
The notice was filed today in U.S. District Court in Boston, Mass. for Barry J. Cadden, who was president and part owner of a drug compounding firm that caused a nationwide fungal meningitis outbreak.
In the same filing Cadden is disputing his 14.5 year federal jail sentence. The appeals go to the 1st Circuit Court of Appeals, which has already turned down other Cadden appeals.
The addition to the restitution order comes even though lawyers for Cadden had earlier stated he had no objections to the addition.
Government lawyers had sought the increase because the award to one of the outbreak victims had been inadvertently omitted from the $80.1 million claim.
The restitution was also impossed on co-defendant Glenn Chinn, who was a supervising pharmacist at the same Massachusetts compounding company as Cadden.
Both Cadden and Chin are currently being held at the Livingston County Jail in Michigan awaiting trial on charges of second degree murder in the deaths of 13 county residents who were victims of the 2012 deadly outbreak.
Contact: wfrochejr999@gmail.com
One of the former pharmacists convicted of racketeering and related chargesnhas filed notice of a series of appeals including the recent addition of $3,312 to an $82 million restitution order.
The notice was filed today in U.S. District Court in Boston, Mass. for Barry J. Cadden, who was president and part owner of a drug compounding firm that caused a nationwide fungal meningitis outbreak.
In the same filing Cadden is disputing his 14.5 year federal jail sentence. The appeals go to the 1st Circuit Court of Appeals, which has already turned down other Cadden appeals.
The addition to the restitution order comes even though lawyers for Cadden had earlier stated he had no objections to the addition.
Government lawyers had sought the increase because the award to one of the outbreak victims had been inadvertently omitted from the $80.1 million claim.
The restitution was also impossed on co-defendant Glenn Chinn, who was a supervising pharmacist at the same Massachusetts compounding company as Cadden.
Both Cadden and Chin are currently being held at the Livingston County Jail in Michigan awaiting trial on charges of second degree murder in the deaths of 13 county residents who were victims of the 2012 deadly outbreak.
Contact: wfrochejr999@gmail.com
Thursday, December 2, 2021
Cadden, Chin Apppeals Denied Again
By Walter F. Roche Jr.
For the second time the Michigan Court of Appeals has denied the petitions of Glenn Chin and Barry Cadden to have their 13 second degree murder charges efectively thrown out.
In a one paragraph order issued Wednesday the court ruled that the appeals lacked merit "on the grounds presented".
The two are facing the charges brought by the Michigan Attorney General for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of 100 patients.
The two worked for the New England Compounding Center, the Massachusetts company that shipped thousands of vials of contaminated steroids to health facilities across the country.
The case was sent back to the Appeals Court for reconsideration last month by the state Supreme Court. The brief decision cited a 2003 case in which a mother faced murder charges in the death of her child. The appeals panel had already rejected the appeal in a terse one paragraph decision.
Lawyers for Cadden and Chin had argued that there was insufficient evidence for the charges to be sent to a jury.
Chin's lawyers had argued that prosecutors had failed to identify a single act by Chin that caused the deaths of 13 Michigan residents, who died after being injected with fungus laden preservative-free methylprednisolone acetate.
Cadden was president and part owner of the the now defunct NECC. Chin was the pharmacist in charge of the clean room where the contaminated drugs were prepared.
Barring another appeal to the Supreme Court, the case will now go back to Livingston County for trial. Contact: wfrochejr999@gmail.com
For the second time the Michigan Court of Appeals has denied the petitions of Glenn Chin and Barry Cadden to have their 13 second degree murder charges efectively thrown out.
In a one paragraph order issued Wednesday the court ruled that the appeals lacked merit "on the grounds presented".
The two are facing the charges brought by the Michigan Attorney General for their roles in the 2012 fungal meningitis outbreak which ultimately took the lives of 100 patients.
The two worked for the New England Compounding Center, the Massachusetts company that shipped thousands of vials of contaminated steroids to health facilities across the country.
The case was sent back to the Appeals Court for reconsideration last month by the state Supreme Court. The brief decision cited a 2003 case in which a mother faced murder charges in the death of her child. The appeals panel had already rejected the appeal in a terse one paragraph decision.
Lawyers for Cadden and Chin had argued that there was insufficient evidence for the charges to be sent to a jury.
Chin's lawyers had argued that prosecutors had failed to identify a single act by Chin that caused the deaths of 13 Michigan residents, who died after being injected with fungus laden preservative-free methylprednisolone acetate.
Cadden was president and part owner of the the now defunct NECC. Chin was the pharmacist in charge of the clean room where the contaminated drugs were prepared.
Barring another appeal to the Supreme Court, the case will now go back to Livingston County for trial. Contact: wfrochejr999@gmail.com
Tuesday, November 30, 2021
Judge Amends Sentencing for Chin, Cadden
By Walter F. Roche Jr.
A federal judge today issued amended sentencing and restitution orders for two defendants in]volved in aa deadly outbreak but the two former pharnacists will still face combined sentences of some 25 years.
The amended orders were issued in Boston by U.S. District Judge Richard G. Stearns against Barry J. Cadden and Glenn A. Chin. Cadden still faces 14.5 years in federal prison, while Chin's sentence is for 11.5 years.
The orders also increase the restitution to victims of the outbreak by $3,312. The increase, according to government attorneys, was due to a clerical error. Cadden and Chin's atttorneys did not oppose the hike .
The amended order boosts the total restitution to $82,025,648.
Cadden was part owner of the drug compounding firm that caused the 2012 fungal meningitis outbreak. Chin was a supervising pharmacist at the now defunct company, the New England Compounding Center. They were both convicted on racketeering and conspiracy charges.
The amended orders also make some changes to bring it into compliance with a ruling from the First Circuit Court of Appeals. That panel concluded that Stearns had been too lenient in setting the sentences for the two defendants.
Cadden and Chin are currently in Michigan where they are facing multiple second degree murder charges.
Contact: wfrochejr999@gmail.com
A federal judge today issued amended sentencing and restitution orders for two defendants in]volved in aa deadly outbreak but the two former pharnacists will still face combined sentences of some 25 years.
The amended orders were issued in Boston by U.S. District Judge Richard G. Stearns against Barry J. Cadden and Glenn A. Chin. Cadden still faces 14.5 years in federal prison, while Chin's sentence is for 11.5 years.
The orders also increase the restitution to victims of the outbreak by $3,312. The increase, according to government attorneys, was due to a clerical error. Cadden and Chin's atttorneys did not oppose the hike .
The amended order boosts the total restitution to $82,025,648.
Cadden was part owner of the drug compounding firm that caused the 2012 fungal meningitis outbreak. Chin was a supervising pharmacist at the now defunct company, the New England Compounding Center. They were both convicted on racketeering and conspiracy charges.
The amended orders also make some changes to bring it into compliance with a ruling from the First Circuit Court of Appeals. That panel concluded that Stearns had been too lenient in setting the sentences for the two defendants.
Cadden and Chin are currently in Michigan where they are facing multiple second degree murder charges.
Contact: wfrochejr999@gmail.com
Monday, November 8, 2021
Ruling Could Tip Cadden, Chin Cases
By Walter F. Roche Jr.
A one paragraph ruling issued late last week by the Michigan Supreme Court could have a major effect on the murder trial of two former pharmacists charged with the death of 11 patients in the 2012 fungal meningitis outbreak.
In the ruling the state's highest court sent appeals filed by Glenn Chin and Barry Cadden back to the state Court of Appeals, which had earlier denied the appeals concluding that Cadden and Chin's lawyers had failed to prove their appeal had to be considered immediately rather than waiting for an actual trial on the charges in Livingston Circuit Court.
The defendants are appealing the decision of Livingston District Court Judge Shauna Murphy that there was sufficient evidence of their guilt to send the case before a jury.
In its ruling last week, the high court sent the case back to the appeals court with instructions to reconsider its decision in light of findings in a 2003 case in which a mother was charged with murder in the death of her daughter.
In that case a judge had ruled that an appeal should be denied for the same grounds cited by the appeals court in the Cadden and Chin cases.
In its decision in 2003, the high court ruled that an appeal could not be denied simply on the basis that lawyers had failed to prove the issue had to be addressed immediately.
"This reason was flawed," the court ruled, adding that the denial must include a substantive reason for the decision, addressing whether the bindover denial or affirmation was justified by the evidence.
In the 2003 decision in the case against Donna Yost, the lower court had declined to bind over the defendant for trial.
She ultimately pleaded guilty to a reduced child abuse charge and was sentenced to three years probation.
Contact: wfrochejr999@gmail.com.
A one paragraph ruling issued late last week by the Michigan Supreme Court could have a major effect on the murder trial of two former pharmacists charged with the death of 11 patients in the 2012 fungal meningitis outbreak.
In the ruling the state's highest court sent appeals filed by Glenn Chin and Barry Cadden back to the state Court of Appeals, which had earlier denied the appeals concluding that Cadden and Chin's lawyers had failed to prove their appeal had to be considered immediately rather than waiting for an actual trial on the charges in Livingston Circuit Court.
The defendants are appealing the decision of Livingston District Court Judge Shauna Murphy that there was sufficient evidence of their guilt to send the case before a jury.
In its ruling last week, the high court sent the case back to the appeals court with instructions to reconsider its decision in light of findings in a 2003 case in which a mother was charged with murder in the death of her daughter.
In that case a judge had ruled that an appeal should be denied for the same grounds cited by the appeals court in the Cadden and Chin cases.
In its decision in 2003, the high court ruled that an appeal could not be denied simply on the basis that lawyers had failed to prove the issue had to be addressed immediately.
"This reason was flawed," the court ruled, adding that the denial must include a substantive reason for the decision, addressing whether the bindover denial or affirmation was justified by the evidence.
In the 2003 decision in the case against Donna Yost, the lower court had declined to bind over the defendant for trial.
She ultimately pleaded guilty to a reduced child abuse charge and was sentenced to three years probation.
Contact: wfrochejr999@gmail.com.
Thursday, November 4, 2021
Cadden, Chin Appeals Sent Back to Appeals Court
By Walter F. Roche Jr.
The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
Contact: wfrochejr999@gmail.com
The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
Contact: wfrochejr999@gmail.com
Thursday, October 28, 2021
Conigliaro Buys $3 Milllion Shore Home
By Walter F. Roche Jr.
A company formed by one of the convicted defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak has purchased a beachfront Cape Cod home for a little over $3 million.
289 East Bay LLC bought the 10-room house overlooking the Nantucket Sound in Osterville, Mass. on Feb. 17 of this year. The company was formed the same day by Douglas Conigliaro, who is listed as the resident agent and manager.
Conigliaro was one of 14 people connected to the New England Compounding Center who were indicted in 2014 following a two year probe of the outbreak. NECC produced and sold the steroids which caused the outbreak.
Conigliaro headed a sister firm, Medical Sales Management, which marketed NECC's products. He and his wife were charged with violating a federal law barring depositors from structuring withdrawals to avoid federal reporting requirements.
Under a plea deal with federal prosecutors the charges were vastly reduced and he was sentenced to one year of probation, a $5,500 fine and forfeiture of the $119,647 he admitted to withdrawing improperly.
"Enjoy creating your own Cape Cod memories-to-come at this stunning seaside retreat," a real estate agent posted in advertising the four bedroom home with four fireplaces that Coniglaro's company bought.
The 4,100 square foot home includes a wet bar and an outdoor hot tub.
The house initially was listed for $3,950,000, but Conigliaro paid $3,035,000, according to records at the Barnstable County Registry of Deeds. No mortgage was recorded.
Douglas Conigliaro, who was a licensed physician, also owns a Beacon Hill condo which he purchased in 2012 for $4,195,000 and a home in Dedham, Mass. purchased for $1,050,000.
He pleaded guilty to violating a federal law setting reporting reporting requirements on currency transactions exceeding $10,000.
Douglas, Gregory's brother, headed a sister firm that marketed NECC's products. In 2019 another company formed by Douglas Conigliaro, 17 Canal Street LLC, purchased a commercial property in Salem for $1.7 million. Another Conigliaro relative has recently advertised the property, the site of a former vape shop shop,for rent.
His brother Gregory and his wife purchased a Cape Cod home in 2012 for $2.35 million. He later sold his interest in the property to his wife for $150,000.
Gregory, who was NECC's vice president, is awaiting sentencing after an appeals court reinstated a guilty verdict on the charge of conspiring to defraud the U.S. Food and Drug Administration.
Contact: wfrochejr999@gmail.com
A company formed by one of the convicted defendants in the criminal case stemming from the deadly 2012 fungal meningitis outbreak has purchased a beachfront Cape Cod home for a little over $3 million.
289 East Bay LLC bought the 10-room house overlooking the Nantucket Sound in Osterville, Mass. on Feb. 17 of this year. The company was formed the same day by Douglas Conigliaro, who is listed as the resident agent and manager.
Conigliaro was one of 14 people connected to the New England Compounding Center who were indicted in 2014 following a two year probe of the outbreak. NECC produced and sold the steroids which caused the outbreak.
Conigliaro headed a sister firm, Medical Sales Management, which marketed NECC's products. He and his wife were charged with violating a federal law barring depositors from structuring withdrawals to avoid federal reporting requirements.
Under a plea deal with federal prosecutors the charges were vastly reduced and he was sentenced to one year of probation, a $5,500 fine and forfeiture of the $119,647 he admitted to withdrawing improperly.
"Enjoy creating your own Cape Cod memories-to-come at this stunning seaside retreat," a real estate agent posted in advertising the four bedroom home with four fireplaces that Coniglaro's company bought.
The 4,100 square foot home includes a wet bar and an outdoor hot tub.
The house initially was listed for $3,950,000, but Conigliaro paid $3,035,000, according to records at the Barnstable County Registry of Deeds. No mortgage was recorded.
Douglas Conigliaro, who was a licensed physician, also owns a Beacon Hill condo which he purchased in 2012 for $4,195,000 and a home in Dedham, Mass. purchased for $1,050,000.
He pleaded guilty to violating a federal law setting reporting reporting requirements on currency transactions exceeding $10,000.
Douglas, Gregory's brother, headed a sister firm that marketed NECC's products. In 2019 another company formed by Douglas Conigliaro, 17 Canal Street LLC, purchased a commercial property in Salem for $1.7 million. Another Conigliaro relative has recently advertised the property, the site of a former vape shop shop,for rent.
His brother Gregory and his wife purchased a Cape Cod home in 2012 for $2.35 million. He later sold his interest in the property to his wife for $150,000.
Gregory, who was NECC's vice president, is awaiting sentencing after an appeals court reinstated a guilty verdict on the charge of conspiring to defraud the U.S. Food and Drug Administration.
Contact: wfrochejr999@gmail.com
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