Judge Defers Action on Patient Harm Evidence

A federal judge has taken under advisement arguments over whether prosecutors can present evidence of patient harm in the upcoming trial of the nine remaining defendants indicted following a federal probe of a deadly fungal meningitis outbreak.
U.S. District Judge Richard G. Stearns heard arguments Monday in his Boston, Mass. courtroom from lawyers for the defendants and federal prosecutors.
Prosecutors have stated that evidence of patient harm is essential to prove their case against defendants, including Gregory Conigliaro, who was Vice President and part owner of the New England Compounding Center, the company blamed for the outbreak that took the lives of at least 76 patients across the country. NECC shipped thousands of vials of fungus tainted methylprednisolone acetate to health care providers across the country.
Lawyers for Conigliaro and the eight other defendants have argued that they had nothing to do with the production of the methylprednisolone acetate and evidence related to illnesses and deaths caused by the steroid would be highly prejudicial.
Prosecutors, Assistant U.S. Attorneys Amanda Strachan and George Varghese, have stated that they do not intend to seek testimony from relatives of the deceased victims or to present autopsy reports on outbreak victims.
That victim testimony was key in the recent trials of NECC President Barry Cadden and supervising pharmacist Glenn Chin. Both were found guilty of racketeering, conspiracy and mail fraud. Both are serving lengthy prison terms in federal prisons in Pennsylvania.
All of the defendants were employed by NECC or a sales affiliate.
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