By Walter F. Roche Jr.
A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
Contact: wfrochejr999@gmail.com
Sunday, June 27, 2021
Friday, June 25, 2021
Government Defends $82 Million Restitution Request
By Walter F. Roche Jr.
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Thursday, June 24, 2021
Chin, Cadden Summoned for Hearing
By Walter F. Roche Jr.
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
Tuesday, June 22, 2021
Chaplain Praises Chin Before Sentencing
By Walter F. Roche Jr.
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
Monday, June 21, 2021
Judge Rules In Indiana Clinic Cases
By Walter F. Roche Jr.
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
Sunday, June 20, 2021
Cadden Appeal Seeks Dismissal of Charges
By Walter F. Roche Jr.
Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
Contact: wfrochejr999@gmail.com
Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
Contact: wfrochejr999@gmail.com
Tuesday, June 15, 2021
Svirskiy Transferred to Pre-Release Center
By Walter F. Roche Jr.
One of the defendants in the criminal case triggered by the 2012 fungal meningitis outbreak has been transferred from a Massachusetts federal prison to a pre-release center in Philadelphia.
Federal Bureau of Prisons records show Gene Svirskiy has been transferred from the federal prison in Devens, Mass. to the federal Residential Re-Entry Center. He is scheduled for release on Aug. 26.
Svirskiy was sentenced to a 30-month prison term following his conviction on racketeering, conspiracy and mail fraud charges. Records in U.S. District Court in Boston, Mass. show Svirskiy plans to return to his home in Ashland, Mass.
Those records also show he is planning to go to work in a Massachusetts pharmacy headed by a member of the state Pharmacy Board.
Svirskiy is one of 14 indicted in late 2019 following a two-year probe of the fungal meningitis outbreak caused by drugs shipped from the New England Compounding Center, where Svirskiy was employed. He was not charged with producing the deadly drugs.
Under an agreement with the state Pharmacy Board Svirskiy was allowed to retain his license but with restrictions.
In a related development a federal judge has agreed to allow another NECC defendant, Barry Cadden, to file under seal a motion to oppose a proposal by federal prosecutors to nearly double his nine-year prison sentence.
U.S. District Judge Richard G. Stearns granted Cadden's request, which ensures that the details of Cadden's filing will not be publicly disclosed.
Contact: wfrochejr999@gmail.com
One of the defendants in the criminal case triggered by the 2012 fungal meningitis outbreak has been transferred from a Massachusetts federal prison to a pre-release center in Philadelphia.
Federal Bureau of Prisons records show Gene Svirskiy has been transferred from the federal prison in Devens, Mass. to the federal Residential Re-Entry Center. He is scheduled for release on Aug. 26.
Svirskiy was sentenced to a 30-month prison term following his conviction on racketeering, conspiracy and mail fraud charges. Records in U.S. District Court in Boston, Mass. show Svirskiy plans to return to his home in Ashland, Mass.
Those records also show he is planning to go to work in a Massachusetts pharmacy headed by a member of the state Pharmacy Board.
Svirskiy is one of 14 indicted in late 2019 following a two-year probe of the fungal meningitis outbreak caused by drugs shipped from the New England Compounding Center, where Svirskiy was employed. He was not charged with producing the deadly drugs.
Under an agreement with the state Pharmacy Board Svirskiy was allowed to retain his license but with restrictions.
In a related development a federal judge has agreed to allow another NECC defendant, Barry Cadden, to file under seal a motion to oppose a proposal by federal prosecutors to nearly double his nine-year prison sentence.
U.S. District Judge Richard G. Stearns granted Cadden's request, which ensures that the details of Cadden's filing will not be publicly disclosed.
Contact: wfrochejr999@gmail.com
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