By Walter F. Roche Jr.
A federal appeals court has upheld the 10.5 year sentence imposed on a former pharmacist for his role in a deadly 2012 fungal meningitis outbreak that ultimately took the lives of more than 100 patients.
In a 29-page ruling issued today, a three judge panel rejected Glenn Chin's contention that two so-called sentence enhancements did not apply to him.
The panel noted that in setting the 10.5 year sentence a year ago U.S. District Judge Richard G. Stearns was folllowing the findings previously laid out by the same appeals court in a prior ruling in the same case.
"The record here supportably shows that Chin knew in 2012 that NECC's (New England Compounding Center) clean room was grossly contaminated," the ruling, written by Judge David J. Barron, states.
Key in the case was whether Chin's action in overseeing the NECC clean room were in fact reckless and whether the victims, those sickened by the NECC drugs, were vulnerable victims.
The appeals panel found that Chin had been found reckless and the victims, many old and in serious pain, were indeed vulnerable.
Chin had argued that the victims were not vulnerable and his actions were not reckless.
Chin was found guilty of racketeering, conspiracy and multiple counts of mail fraud.
Codefendant Barry Cadden is serving a 14 year sentence on parallel charges. Both Cadden and Chin have also been charged with 11 counts of second degree murder in Livingston County Michigan. Those charges have not yet been presented to a jury.
Contact: wfrochejr999@gmail.com
Whoo hoo! Finally!!
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