By Walter F. Roche Jr.
The lawyer for a jailed former pharmacist filed notice of an appeal of the July 7 order increasing his jail sentence to 14.5 year and ordering $82 million in restitution.
In a filing in U.S. District Court in Boston, Mass. Bruce Singal, the attorney for Barry J. Cadden, said that the appeal would be filed with the 1st Circuit Court of Appeals.
Co-defendant Glenn Chin, who had his eight year sentence increased to 10.5 years already has filed notice of appeal.
The two were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak caused by contaminated drugs shipped from the company where both worked.
Cadden was re-sentenced at a July 7 hearing in which Singal argued that the original nine year sentence met legal requirements and should not be increased. Prosecutors sought a
17.5 year sentence.
But U.S. District Court Judge Richard G. Stearns said he was bound by a decision from the same appeals court, which found that he had been too lenient in setting the original sentence.
Chin and Cadden were convicted in separate trials on charges of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act.
The two are now jailed in Livingston County Michigan awaiting trial on 11 counts of second degree murder. Those charges stem from the same 2012 fungal meningitis outbreak, which took the lives of 11 county patients.
They were all injected with fungi-riddled methylprednisolone acetate produced at the New England Compounding Center, where Cadden was president and Chin was a supervising pharmacist.
Contact: wfrochejr999@gmail.com
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