NECC Defendants May Face License Loss

By Walter F. Roche Jr.

Five defendants convicted on federal charges stemming from the 2012 fungal meningitis outbreak could face a loss of their licenses or other disciplinary action from Massachusetts regulators as soon as this week.
Five of the six were found guilty last month following a nearly three month trial in U.S. District Court in Boston, Mass. Four of those five hold licenses or registration permits from the Mass. Board of Pharmacy.
An item on the board's agenda for Thursday lists the three who hold pharmacy licenses and a fourth who is registered as a pharmacy technician.
Meanwhile, Gregory Conigliaro, who was vice president and part owner of the company blamed for the deadly outbreak could face action on his Massachusetts real estate salesman's license. Conigliaro got the license in late 2014, just days before he was indicted.
Conigliaro did not hold a pharmacist's license or technician's registration. He was convicted on a single charge of conspiracy to defraud the U.S. Food and Drug Administration.
The four facing possible pharmacy board action are Gene Svirskiy, Christopher Leary, Alla Stepanets and Sharon Carter. Svirskiy, Leary and Stepanets are licensed pharmacists while Carter is a registered pharmacy technician.
Paul Kelly, Leary's attorney, said neither he or his client were informed of any proposed board action.
Joseph Evanosky's name also appears on the board agenda but he was acquitted of all charges. He holds a pharmacist license.
During the recent trial attorneys for the defendants repeatedly cited the fact that their clients still maintained their licenses and attempted to convince jurors that the board would have moved to revoke or suspend their licenses if they believed they were a threat to the public.
Prosecutors, however, indicated through testimony that the state board had withheld action pending the outcome of the federal trial.
A total of 14 people were indicted in late 2014 following a two year probe of the outbreak. Two, Barry J. Cadden and Glenn A. Chin are already serving prison terms following their conviction on racketeering and mail fraud charges. Cadden and Chin surrendered their pharmacist licenses. Two of the original 14 are scheduled to go on trial in March.
Federal officials say that some 793 patients were sickened and more than 100 died after injection with NECC steroids contaminated with deadly fungi.