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.
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Caden argued that the large number of victims restitution could not be accurately computed.
ReplyDeleteWhew that sounds like a reason to put you and chin in a hole, cover with bars, wait and see.
Double recovery my as—-, let’s try and make up I can’t play with grandkids, haven't been able to work since 2012, can’t go to sleep unless pain meds are on point, can’t get up cause pain meds wore off.
I give every penny back, I’d forgo any future hope of a standard of living. Just to see you in prison for the rest of your life. Make no mistake you are guilty and if not on this earth your after life is looking pretty bleak
There are many who were not counted as victims due to facilities not handing over medical records once the mold was found .. for fear of being involved in litigation themselves. Patients continue to suffer the effects of these injections all these years later… including myself.
ReplyDeleteAlso most of the money from civil litigation went to pay the medical bills from needing medical attention from being injected with fungus ridden medication. So there’s that
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