Svirskiy Release Flatly Denied

By Walter F. Roche Jr.

A federal judge has denied the request of a former druggist convicted of racketeering to be released from a federal prison over fears of infection with the coronavirus.
In a four-page order issued this week, U.S. District Judge Richard G. Stearns concluded that the law does not give him the authority to order the release of Gene Svirskiy, who was employed at the Massachusetts drug compounding firm blamed for the 2012 fungal meningitis outbreak, which ultimately killed over 100 patient.
Svirskiy, who is serving a 30 month sentence at the federal prison in Fort Devens, Mass., had cited a growing number of infected patients at the facility.
Federal prosecutors, however, countered noting that the infections were in the main prison at Fort Devens, not the adjacent prison camp where Svirskiy is located. There were no Covid-19 cases at the prison camp, according to prosecutors.
Stearns issued the ruling without granting a hearing as his lawyer had requested.
"I see no reason for a hearing on this matter," Stearns wrote.
Noting that Svirskiy was young and in good health, Stearns said he clearly did not fit into the category of elderly or ailing prisoners eligible for early release. He noted that under the law requests like Svirskiy's can be granted only "for extraordinary and compelling reasons."
He said Svirskiy is scheduled for on Aug. 26, 2021 and is likely to be eligible for a sentence reduction for good behavior. He said he had no reason to disagree with the assertion that Svirskiy was a model prisoner as his lawyer contended.
Svirkiy was convicted on racketeering, mail fraud and violations of the Food Drug and Cosmetic Act for his actions at the now defunct New England Compounding Center.
Stearns noted that Svirskiy was not implicated "in the safety lapses that led to the contamination of three deadly batches of drugs."
Svirsky had asked that he be released from prison and allowed to serve the remainder of his sentence under home confinement.
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Last Cadden/Chin Hearing on You-Tube

By Walter F. Roche Jr.


The public will not be allowed in the courtroom, but the final pre-trial hearing in the second degree murder trial of two former pharmacists will be broadcast on You-Tube, according to a one-page order from a Livingston County Michigan judge.
The order from District Court Judge Shauna N. Murphy sets a June 11 deadline for prosecutors and defense attorneys to agree on a date for the final pre-trial session. Under the order Murphy will decide by June 24 whether Barry J. Cadden and Glenn A. Chin will be bound over for trial on 11 counts of second degree murder.
Murphy's order limits the oral arguments in the final session to issues not already addressed in what she termed "voluminous documents" already filed by both sides.
The session had been re-scheduled for May 21 after several prior postponements but was delayed yet again due to the ongoing Covid-19 pandemic.
Chin and Cadden were connected to the New England Compounding Center, a defunct drug firm blamed for the deadly 2012 fungal meningitis outbreak which ultimately killed over 100 patients. That includes the 11 patients Cadden and Chin are charged with killing. The two are now imprisoned at the Livingston County Jail.
Noting the ongoing coronavirus pangenic, Murphy said it would not be possible for the public to attend the hearing and, she said, a two-way interactive system would not be available.
According to her order the session will be available on You-Tube livestream through the court website www.livgov.com/courts.
adden was president and part-owner of NECC and Chin was a supervising pharmacist in the cleanroom where thousands of vials of a fungus laden steroid were prepared.
The two are charged in the deaths of 11 Michigan victims: Jennie Barth, Patricia Malafouris, Ruth Madouse, Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Emma Todd and Karine Baxter.
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NECC Prosecutors Oppose Svirskiy Release

By Walter F. Roche Jr.

Charging that his plea for early release from prison is based on false premises, federal prosecutors are asking a federal judge to order a convicted former pharmacist to serve his full 30-month sentence in a federal prison.
In a 16-page filing in U.S. District Court in Boston, Mass. Assistant U.S. Attorney Amanda Strachan argued that Gene Svirskiy is not actually at high risk for contracting the deadly coronavirus because he is serving his sentence in a separate but adjacent prison camp where no inmates have been infected.
Svirkiy's attorneys had cited a sudden increase in infected inmates at the main federal prison in Fort Devens, Mass. But, Strachan said in her brief, that those infected inmates are in a separate 101 inmate facility though at the same location.
Stating that Svirskiy has failed to prove that there are compelling reasons justifying his request to serve the remainder of his sentence under home confinement, prosecutors asked U.S. District Judge Richard G. Stearns to reject the request.
Svirskiy was one of 14 persons indicted in 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak caused by contaminated drugs produced at Svirkiy's workplace, the New England Compounding Center.
As Strachan's filing points out Svirskiy was convicted of racketeering, mail fraud and violations of the Food Drug and Cosmetic Act. He also supervised an unregistered drug technician who was working at NECC.
"Svirskiy not only participated in this fraudulent enterprise, he directed key parts of it," the prosecution filing states.
The motion states that contrary to the plea filed by his attorney, Svirskiy does not meet recently set guidelines for the early release of inmates at risk for contracting Covid-19.
Citing "extraordinary" efforts by the federal Bureau of Prisons to prevent the spread of the virus, prosecutors said Svirskiy "was in about as low a risk" as would be possible under the circumstances and still has two thirds of his sentence to serve.
Strachan noted that Svirskiy, who is in his late 30s, does not face the high risk of elderly inmates for contracting the disease.
"Svirskiy should be held accountable for his conduct and serve the remainder of his sentence," the motion states, adding that early release would undermine the deterrent effect of his sentence.
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Indiana Meningitis Cases Linger

By Walter F. Roche Jr.

For Jack Pavlekovich the wait has become frustrating and ridiculous.
Eight years after he and dozens of other Indiana patients were injected with contaminated steroids from a Massachusetts drug compounder, suits filed on their behalf are inching their way through the state court system.
Some 70 suits were filed against two Indiana clinics where patients had been injected in the spine with fungus laden methylprednisolone acetate. At least 93 Indiana residents were among the 753 patients nationwide who were sickened in the deadly outbreak. At least 11 Indiana patients died.
Pavlekovich said he had no idea the litigation could drag on all this time. His attorney Douglas Small said that in no other cases he has handled has the process taken this long.
Small said that after several starts and stops the claims of Pavlekovich and dozens of other victims will now be presented to panels of physicians who must decide whether the care provided to the victims deviated from the standard of care and, if so whether those deviations led to the injuries suffered by the victims
"With the decision of the medical review panel, we can return to state court to move forward to a trial setting," Small wrote in an email response to questions.
He said he hoped to have panel decisions in all the pending cases in late summer or fall with trials beginning in 2021 or 2022.
"This is the longest lasting litigation I have ever been involved in," Small said.
Pavlekovich, a former sheriff's detective, said that in the meantime he has been "just trying to hold on."
Like other victims he said he continues to suffer the after effects of the injections and the painful treatment to stop the fungal infections. Now a Wisconsin resident, he said the process has been "way too slow" and he had no idea at the outset that it could last this long.
He also has had to deal with other health issues including recent open heart surgery.
Requests for comment on the litigation from attorneys representing the clinics went unanswered.
Small said that despite some earlier setbacks, plaintiffs attorneys will move for partial summary judgment on the liability issue with the contention that the actions of the local clinics violated state and federal prescription drug laws.
The upcoming medical panels, he said "were an extra hoop to jump through."
Pavlekovich, who was sickened after just two injections, said he ended up agreeing to the steroids after other treatments for a painful back condition failed.
And even should he ultimately succeed in winning an award, he is resigned to the fact that others, including the Medicare program, will be standing in line for a piece of any payment.
That's what already happened when he and other victims got awards from litigation against the New England Compounding Center, the now defunct company that produced the contaminated steroids.
Contact: wfrochejr999@gmail.com

NECC Defendant Renews Release Plea

By Walter F. Roche Jr.

Citing a sudden and exponential increase in Covid-19 cases at a Massachusetts federal prison, a defendant in the 2012 fungal meningitis outbreak is asking a judge for emergency action on his plea for release from prison.
In a letter sent to U.S. District Judge Richard G. Stearns, a lawyer for Gene Svirskiy said the number of infected patients at the federal prison at Fort Devens jumped from one to 10 in a matter of three days. One of those inmates died. Two prison staffers also have been diagnosed with the virus.
Citing the sudden and recent increased spread of the deadly virus, Svirskiy's lawyer wrote that it demonstrates consideration of Svirskiy's recent request to serve his remaining 15 month sentence at his home was "imperative."
Svirskiy is serving a 2.5 year sentence following his conviction on racketeering, conspiracy and mail fraud charges for his role at the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak.
In the letter to Stearns, Svirskiy's lawyer, Christopher Iaquinto, cited a recent case in which another inmate at the same prison was granted a release. He also cited the recent case of Paul Manafort, the convicted former Trump campaign chairman, who was recently released from another federal prison to serve his remaining sentence under home confinement.
Iaquinto noted that Svirskiy has served more of his sentence than Manafort had. Svirskiy has 15 months left on his sentence.
The emergency letter follows a 15-page motion filed earlier this week on Svirskiy's behalf. At that time one inmate had died and one prison staffer had been diagnosed with the deadly coronavirus.

NECC Defendant Seeks Jail Release

By Walter F. Roche Jr.

Citing the ongoing coronavirus pandemic as a severe threat to his health and safety, a former pharmacist convicted in the aftermath of the 2012 fungal meningitis outbreak, is asking a federal judge to release him from prison and allow him to serve his remaining sentence under home confinement.
In a 19-page motion filed today in U.S. District Court in Boston, Mass. lawyers for Gene Svirskiy, 39, stated that one inmate at the federal prison where he is serving a 2.5 year sentence already has died from Covoid -19 and an employee at the facility has been diagnosed with the virus.
"The Covoid-19 pandemic poses a severe threat to Svirskiy," the motion filed by attorney Christopher Iaquinto states.
Svirskiy was convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act for his role at the New England Compounding Center, the company blamed for the deadly fungal meningitis outbreak. He has served more than 10 months of his sentence at the federal prison in Fort Devens, Mass.
In the motion for home confinement, Svirskiy states that he meets "every single criteria" set forth by U.S. Attorney General William Barr for the compassionate release of federal prisoners at risk for the pandemic.
The filing notes that an inmate at the facility tested positive for the virus on April 23 and had died by May 4.
Citing Svirskiy's "exemplary" record at the prison, the motion states that conditions at the facility place him at high risk for contracting the disease since inmates live in a crowded open dormitory. The motion states that Svirskiy's risk is even higher than other inmates due to his assignment to clean an administrative building at the prison. In addition he has been provided with only three face masks per month.
The motion also notes that due to restrictions imposed because of the pandemic Svirskiy has been unable to see his family in over two months.
According to the motion Svirskiy has agreed to self quarantine at his home with his wife and daughter for the remainder of his sentence. He is due for release on Aug. 26, 2021.
"He has demonstrated a viable re-entry plan" the motion concludes, and he poses "absolutely no danger to the community."
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PA Vet Home Death Toll Hits 34

Friday, May 8, 2020
PA Vets Home Death Toll 34

By Walter F. Roche Jr.

The death toll in the Pennsylvania veterans nursing homes from confirmed or probable coronavirus has jumped to 34 cases, according to a spokeswoman for the state Department of Military and Veterans Affairs.
Joan Nissley, the spokeswoman, said 23 confirmed cases of coronavirus caused the death of 23 veterans and was the probable cause of 11 more. She declined to specify in which of the six veterans nursing homes the deaths occurred.
However, previous reports from county coroners has shown well over half of the deaths occurred at the Southeastern Veterans Center, a 323-bed facility in Spring City Chester County.
A contingent of National Guard members have been providing assistance to staff at the nursing home.
Nissley said that 45 staff at the six facilities also tested positive for the Covid-19 virus and 18 of them have already returned to work.
She said a total of 96 residents of the facilities tested positive for the virus including the 34 who died.
In addition to the Chester County facility, state veterans nursing homes are located in Erie, Pittsburgh, Scranton and Philadelphia.
Pennsylvania is not the only state to report multiple Covid-19 deaths in state run veterans nursing homes.
More than 70 deaths have been reported in a Massachusetts facility and multiple deaths have been reported at facilities in New York, New Jersey, Washington and Alabama. Several agencies are now investigating the conditions at the soldiers home in Holyoke, Mass. where the 70 deaths were reported.
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PA. Health Facility Inspections on Hold

By Walter F. Roche Jr.

Most regular inspections of hospitals, nursing homes and other licensed health facilities have been put on hold in the state of Pennsylvania even as the number of victims of the coronavirus has continued to grow.
Acting under a disaster declaration from Gov. Thomas Wolf and a series of directives from federal agencies, the state Health Department has put on hold license renewal inspections usually conducted by a crew of more than 100 state surveyors.
That action comes at the same time as families and friends of patients in Pennsylvania health facilities have been barred from even entering the facilities where their loved ones are confined.
A review of state reports on state surveyors visits to hospitals and nursing homes show they are checking to determine if the faciities are following the multiple directives and guidances from state and federal regulators on the handling of coronavirus issues.
"The facility was in compliance with the current Pennsylvania Department of Health, CMS (Center for Medicare and Medicaid Services) and CDC (Centers for Disease Control and Prevention guidelines as they pertain to Covid-19," several recent reports state.
Facilities found in compliance include UPMC East, UPMC Presbyterian Shadyside, Indiana Regional Medical Center, Excela Health Westmoreland, UPMC Hanover and Milton S. Hershey Medical Center.
According to state Health Department spokesman Nate Wardle, the new reviews of Covid-19 compliance began on March 18. And regular renewal inspections of state licensed health facilities will remain on hold as long as the disaster declaration remains in effect.
"All facility or agency licenses that have expired from March 6 through the duration of the disaster emergency proclamation will be exextended as needed for 90 days," according to the department.
In one directive to health providers, the state Health Department made it clear that compliance with the new directives trumps existing state laws and regulations.
"All statutory and regulatory provisions that would impose an impediment to implementing this guidance are suspended," the directive states.
A review of Health Department Covid-19 directives shows that not only are inspections on hold, but a host of other longtime requirements, such as prior approval for any expansions, have been set aside.
As for acting on complaints, the agency has stated that only cases in which a patient is at risk of serious harm or death, will an immediate inspection take place and even that may not trigger an actual onsite visit.
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Bucks Hospital Failed to Report Serious Event

By Walter F. Roche Jr.

Pennsylvania health officials have cited a Bucks County hospital for failing to report a serious event in which a patient suffered a serious pressure ulcer.
Acting on an unannounced complaint surveyors from the state Health Department found that St. Mary's Medical Center in Langhorne failed to report the June incident as required under the Medical Care Availability and Reduction of Error law.
In addition a patient had to be lowered to the floor while being transported to the radiology department. According to the report the patient was not accompanied by a nurse.
"It was determined the facility failed to ensure patient safety during transport to an ancillary department," the report states.
The hospital, which has 371 beds, filed a plan of correction in which it promised to re-educate staff on the reporting requirements and to have its patient safety committee review such incidents.
The March 12 report also cites the hospital for failure to set time limits in its bylaws for consultations by specialists to be performed. The report details the delay in one patient getting a needed neurology consult.
Asked to comment on the report hospital spokeswoman Ann D'Antonio said federal law barred her from discussing details of any individual patient's treatment or confirming the details of patient visits.
"At St. Mary Medical Center the safety and comfort of our patients/participants is our top priority, and we maintain strict procedures to promote a positive, healing environment," she wrote in an email.
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TN Data Show Elderly Hardest Hit By Virus

By Walter F. Roche Jr.

Newly released data by Tennessee health officials show the elderly, particularly those in group settings, are the hardest hit in the deadly ongoing pandemic.
The data show 669 residents in nursing homes, assisted living and other group elderly settings have been diagnosed with the Covid-19 virus and 60 of them have died.
That parallels data from other states, including Massachusetts, where the elderly in group settings, such as nursing homes and assisted living account for the largest segment of pandemic victims.
In Philadelphia health officials reported that 53 percent or 373 of the Covid-19 deaths were elderly residents in long term care facilities
The Tennessee records show at one nursing home alone, the Gallatin Center for Rehabilitation and Healing,162 patients were infected and 23 died.
In Massachusetts 71 residents at a nursing home for veterans in Holyoke have died.
In Tennessee a nursing home once run by the Nashville Metro government had 30 patients infected with the coronavirus, three of them died.
Another Tennessee facility in Putnam County run by the same company running the Nashville facility, Signature Healthcare, had 51 infected patients and five deaths.
In the assisted living category, Elmcroft of Lebanon, 32 patients were infected and three died.
Lifecare of Athens, according to the Tennessee data, had 93 patients diagnosed with the coronavirus and one died.
Another Lifecare facility located in suburban Seattle, Wash. was the first nursing home where the pandemic became public. Some 37 patients at Lifecare of Kirkland died and the facility is now facing some $611,325 in federal fines and penalties.
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