Michigan AG: Chin's Actions Led to 11 Deaths

By Walter F. Roche Jr.

Michigan prosecutors say that but for actions taken by a former Massachusetts pharmacist 11 lives would not have been lost in the 2012 fungal meningitis outbreak.
In a 28-page filing in the Michigan Supreme Court, prosecutors from the state Attorney General's office said lower courts were correct when they ruled that there was sufficient evidence against Glenn A. Chin to bind him over for trial on second degree murder charges.
Urging that the appeal be denied, prosecutors cited the testimony of employees who worked under Chin's direction at the New England Compounding Center. They described an environment "out of control" at the Framingham, Mass. company as production was ramped up and safety measures were ignored or abandoned.
The appeal is the latest development in the aftermath of the outbreak which ultimately took the lives of more than 100 patients. Both Chin and Barry Cadden were charged with 11 counts of second degree murder by the Michigan Attorney General. Cadden, NECC's president and part owner has also filed a similar appeal.
Stating that Chin ordered employees to falsify cleaning logs, the filing notes that the drugs that caused the outbreak were produced in the clean room where Chin worked. The drugs, vials of methylprednisolone acetate contaminated with a deadly fungus, were shipped to a Brighton pain cinic on Aug. 7, 2012.
It was there that the 11 patients received the fatal injections.
It was Chin's "reckless disregard" for sterility while calling for more and more production that led to the deaths, the prosecution charged.
"Chin was the one doling out these orders," the filing states.
And when NECC technicians raised safety concerns Chin either shrugged his shoulders or said, "That's why we have lawyers," the prosecutors stated.
Citing positive tests for mold at NECC and products being shipped befre testing, the brief cites testimony that newly produced drugs would be mixed with older products, making actual identification of the lots impossible.
"The increased production led to corners being cut," the filing states.
While acknowledging that a single sample from the deadly lot did test as sterile, the filing states that having only a single vial tested did not meet accepted industry standards.
In addition the filing noted that other vials from the same lot later recovered by the U.S. Food and Drug Administration were contaminated with the same fungus that killed the 11 patients.
Chin's lawyers have argued that the charges should be dropped because investigators have never been able to identify the source of the deadly fungal contamination.
Chin is scheduled to appear by ZOOM tomorrow at a re-sentencing hearing following his conviction on related federal charges of racketeering, conspiracy and mail fraud. Federal prosecutors are asking U.S. District Judge Richard G. Stearns to increase Chin's sentence from eight years to 14.5 years, the same imposed on Cadden.
Today's hearing is scheduled for 10 a.m. Contact: wfrochejr999@gmail.com