By Walter F. Roche Jr.
Court approval is being requested for the sale of two lots owned by the convicted president of a defunct drug compounding firm who is serving a nine year federal prison sentence.
A motion filed in U.S. District Court in Boston, Mass. today seeks approval to sell two vacant lots in Wrentham, Mass for a total of $600,000. The lots are adjacent to the former home of Barry J. Cadden and he and his wife Lisa own the adjoining properties at 15 and 17 Manchester Drive.
The joint motion by federal prosecutors and lawyers for the Caddens calls for the lots to be sold to Brendan Duckworth and his wife, Christina. Both their names would go on one lot and the other would be in Brendan's name alone.
Under the forfeiture agreement between the Caddens and federal prosecutors half of the sale proceeds will go to the federal government and half to Lisa Cadden, who was never charged.
The forfeiture agreement was reached following Barry Cadden's conviction on racketeering, conspiracy and mail fraud charges.
The charges stemmed from a two year probe of the 2012 fungal meningitis outbreak, which was caused by contaminated drugs shipped by the New England Compounding Center the company Cadden headed.
The Cadden family home also was subject to the forfeiture order and it was sold for $1.3 million in late 2019.
Contact: wfrochejr999@gmail.com
Thursday, April 8, 2021
Wednesday, April 7, 2021
2012 Outbreak Murder Case in MI Appeals Court
By Walter F. Roche Jr.
Lawyers for a former pharmacist charged with 11 counts of second degree murder say the charges must be dropped because prosecutors failed to identify a particular act by the defendant that caused the deaths.
In filings with the Michigan Court of Appeals, lawyers for Glenn Chin are asking the court to overrule the decision of a Livingston County Judge who found that Chin and co-defendant Barry Cadden must stand trial on the charges.
State prosecutors from the Michigan Attorney General's office in a 27-page filing with the appeals court argued that not only did the evidence show crimes had been committed, they also showed there was probable cause to believe Chin and Cadden committed them.
The case stems from the deadly 2012 fungal meningitis caused by contaminated drugs shipped from the New England Compounding Center, where Cadden was part owner and president and Chin was a supervising pharmacist.
The deadly drugs, thousands of vials of methylprednisolone acetate, were prepared in the clean room where Chin was the supervisor. And a batch of those drugs were shipped to the Michigan facility where the 11 victims were being treated.
"He (Chin) repeatedly ignored and often promoted dangerous practices," the prosecution brief states, asserting that the district court did not abuse its discretion when it ruled that Chin and Cadden must face trial.
Citing the testimony of employees who worked under Chin's supervision, the prosecution brief states that Chin, especially in 2012, threw safety precautions aside and ordered a speedup of production.
When one employee raised questions about the consequences, the filing states, Chin repled,"That's why we have lawyers."
Citing testimony on lack of testing and the improper handling and labeling of drugs in Chin's clean room, the filing states that when federal investigators swooped down on NECC's Framingham, Mass. office, Cadden and Chin began to try to cover their tracks. Chin, for instance, was seen throwing out medications as federal investigators were closing in.
There was "ample reason to believe that but for Chin's action at NECC these deaths would have been avoided," the filing concludes.
While the Attorney General's filing was 27-pages long, the Chin brief was a brief six pages.
While admitting that prosecutors proved malice, Kevin Gentry, Chin's appeals court lawyer, wrote that malice by itself was insufficient under Michigan law.
"There must be a causal link between the defendant's conduct and the victims' injury," the filing states.
"The prosecution has not shown, nor really tried to show any particular act of the defendant that caused the deaths" the filing concludes.
Contact:wfrochejr@gmail.com
Lawyers for a former pharmacist charged with 11 counts of second degree murder say the charges must be dropped because prosecutors failed to identify a particular act by the defendant that caused the deaths.
In filings with the Michigan Court of Appeals, lawyers for Glenn Chin are asking the court to overrule the decision of a Livingston County Judge who found that Chin and co-defendant Barry Cadden must stand trial on the charges.
State prosecutors from the Michigan Attorney General's office in a 27-page filing with the appeals court argued that not only did the evidence show crimes had been committed, they also showed there was probable cause to believe Chin and Cadden committed them.
The case stems from the deadly 2012 fungal meningitis caused by contaminated drugs shipped from the New England Compounding Center, where Cadden was part owner and president and Chin was a supervising pharmacist.
The deadly drugs, thousands of vials of methylprednisolone acetate, were prepared in the clean room where Chin was the supervisor. And a batch of those drugs were shipped to the Michigan facility where the 11 victims were being treated.
"He (Chin) repeatedly ignored and often promoted dangerous practices," the prosecution brief states, asserting that the district court did not abuse its discretion when it ruled that Chin and Cadden must face trial.
Citing the testimony of employees who worked under Chin's supervision, the prosecution brief states that Chin, especially in 2012, threw safety precautions aside and ordered a speedup of production.
When one employee raised questions about the consequences, the filing states, Chin repled,"That's why we have lawyers."
Citing testimony on lack of testing and the improper handling and labeling of drugs in Chin's clean room, the filing states that when federal investigators swooped down on NECC's Framingham, Mass. office, Cadden and Chin began to try to cover their tracks. Chin, for instance, was seen throwing out medications as federal investigators were closing in.
There was "ample reason to believe that but for Chin's action at NECC these deaths would have been avoided," the filing concludes.
While the Attorney General's filing was 27-pages long, the Chin brief was a brief six pages.
While admitting that prosecutors proved malice, Kevin Gentry, Chin's appeals court lawyer, wrote that malice by itself was insufficient under Michigan law.
"There must be a causal link between the defendant's conduct and the victims' injury," the filing states.
"The prosecution has not shown, nor really tried to show any particular act of the defendant that caused the deaths" the filing concludes.
Contact:wfrochejr@gmail.com
Wednesday, March 31, 2021
Feds Seek Release on Cadden Land
By Walter F. Roche Jr.
Federal prosecutors are asking a judge to release its hold on a two two acre properties owned by the now jailed former president of a drug compounding company and his wife.
In a series of filings in U.S. District Court in Boston, Mass., U.S. Justice Department lawyers asked that the lien on the two properties be lifted "as these properties no longer need to be restrained by the court."
Property records show the parcels are owned by Barry J. Cadden and his wife, Lisa. The lots are immediately adjacent to the Caddens family home, which they were forced to sell following Barry Cadden's conviction on racketering, conspiracy and mail fraud charges.
The house was sold for $1.3 million in 2019 with half the proceeds going to the federal government under a forfeiture order.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. He is currently serving a nine year federal prison sentence. He also is awaiting trial on 11 counts of second degree murder brought by the Michigan Attorney General.
The Michigan charges are based on the deaths of 11 patients who were injected with contaminated methylprednisolone acetate produced by NECC.
Wrentham records show the two lots are assessed for a little over $500,000. One of the lots is currently listed for sale at $325,000 with a notation that a sale is pending. If sold by the Caddens, half the proceeds would go to the federal government under the terms of the forfeiture order.
Contact: wfrochejr999@gmail.com
Federal prosecutors are asking a judge to release its hold on a two two acre properties owned by the now jailed former president of a drug compounding company and his wife.
In a series of filings in U.S. District Court in Boston, Mass., U.S. Justice Department lawyers asked that the lien on the two properties be lifted "as these properties no longer need to be restrained by the court."
Property records show the parcels are owned by Barry J. Cadden and his wife, Lisa. The lots are immediately adjacent to the Caddens family home, which they were forced to sell following Barry Cadden's conviction on racketering, conspiracy and mail fraud charges.
The house was sold for $1.3 million in 2019 with half the proceeds going to the federal government under a forfeiture order.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. He is currently serving a nine year federal prison sentence. He also is awaiting trial on 11 counts of second degree murder brought by the Michigan Attorney General.
The Michigan charges are based on the deaths of 11 patients who were injected with contaminated methylprednisolone acetate produced by NECC.
Wrentham records show the two lots are assessed for a little over $500,000. One of the lots is currently listed for sale at $325,000 with a notation that a sale is pending. If sold by the Caddens, half the proceeds would go to the federal government under the terms of the forfeiture order.
Contact: wfrochejr999@gmail.com
Friday, March 19, 2021
Final Victims' Payments Start in April
By Walter F. Roche Jr.
The final payments to victims of the 2012 fungal meningitis outbreak will start to be distributed next month, several months earlier than previously predicted.
Lynne Riley, the overseer of funds collected for the hundreds of victims, said payments will begin in April, assuming the release of the funds comes as scheduled.
The funds have been held in escrow because the time for the IRS to contest money in the fund had not expired.
Riley said she is awaiting word from a court appointed attorney on the exact amount being released within the next few days. Previously the total was estimated at $11.5 million.
The disclosure means checks will begin flowing well before the earlier predicted date in June.
The checks will be the third wave of relief for the victims. Prior distributions totaled more than $100 million and went to a little over 2,000 victims.
The final payment will come from tax refunds collected from the owners of the New England Compounding Center, the company blamed for the deadly outbreak. The owners agreed to give up a portion of the tax refunds as part of a court approved settlement.
Contact:wfrochejr999@gmail.com
The final payments to victims of the 2012 fungal meningitis outbreak will start to be distributed next month, several months earlier than previously predicted.
Lynne Riley, the overseer of funds collected for the hundreds of victims, said payments will begin in April, assuming the release of the funds comes as scheduled.
The funds have been held in escrow because the time for the IRS to contest money in the fund had not expired.
Riley said she is awaiting word from a court appointed attorney on the exact amount being released within the next few days. Previously the total was estimated at $11.5 million.
The disclosure means checks will begin flowing well before the earlier predicted date in June.
The checks will be the third wave of relief for the victims. Prior distributions totaled more than $100 million and went to a little over 2,000 victims.
The final payment will come from tax refunds collected from the owners of the New England Compounding Center, the company blamed for the deadly outbreak. The owners agreed to give up a portion of the tax refunds as part of a court approved settlement.
Contact:wfrochejr999@gmail.com
Tuesday, March 2, 2021
Hospital Failed to Monitor Patient
By Walter F. Roche Jr.
A patient at a Bucks County hospital who was supposed to be monitored every hour was not checked for seven hours when he was finally found unresponsive.
The November incident at Saint Mary Medical Center prompted inspectors from the state Health Department to declare a state of immediate jeopardy when they arrived at the facility in early December.
The details of the case were spelled out in a report just made public by the state agency.
The report does not indicate whether the patient recovered and hospital officials did not respond to a series of questions.
According to the report the patient, who had a history of diabetes and a heart condition arrived at the hospital on Nov. 23 and a physician ordered that he be placed on a continuous insulin drip. Under hospital policy that meant the patient was supposed to be monitored every hour for glucose levels.
According to the report, hospital records showed that the patient was not monitored at all from 10:45 a.m. till 7:08 p.m. when he was found unresponsive.
"Glucose measurements should have been taken every hour," the report states, adding that "a patient has a right to receive care in a safe setting."
In response to the immediate jeopardy declaration, hospital officials drew up an immediate response including staff education and a system to create an alert whenever a continuous insulin drip is ordered.
The state of immediate jeopardy was lifted at 8:12 p.m. on Dec. 12 after the immediate response plan was approved.
According to the report the employee, identified as Employee 3, who was supposed to have monitored the patient was on leave and unavailable for interview.
"Employee 3 did not follow the appropriate physician's orders," the report states.
Contact: wfrochejr999@gmail.com
A patient at a Bucks County hospital who was supposed to be monitored every hour was not checked for seven hours when he was finally found unresponsive.
The November incident at Saint Mary Medical Center prompted inspectors from the state Health Department to declare a state of immediate jeopardy when they arrived at the facility in early December.
The details of the case were spelled out in a report just made public by the state agency.
The report does not indicate whether the patient recovered and hospital officials did not respond to a series of questions.
According to the report the patient, who had a history of diabetes and a heart condition arrived at the hospital on Nov. 23 and a physician ordered that he be placed on a continuous insulin drip. Under hospital policy that meant the patient was supposed to be monitored every hour for glucose levels.
According to the report, hospital records showed that the patient was not monitored at all from 10:45 a.m. till 7:08 p.m. when he was found unresponsive.
"Glucose measurements should have been taken every hour," the report states, adding that "a patient has a right to receive care in a safe setting."
In response to the immediate jeopardy declaration, hospital officials drew up an immediate response including staff education and a system to create an alert whenever a continuous insulin drip is ordered.
The state of immediate jeopardy was lifted at 8:12 p.m. on Dec. 12 after the immediate response plan was approved.
According to the report the employee, identified as Employee 3, who was supposed to have monitored the patient was on leave and unavailable for interview.
"Employee 3 did not follow the appropriate physician's orders," the report states.
Contact: wfrochejr999@gmail.com
Sunday, February 28, 2021
Covid Vaccine ... Or Not
By Walter F. Roche Jr.
For some victims of the 2012 fungal meningitis outbreak, whose lives were forever altered by an injection, the prospect of getting the COVID-19 vaccine injection is presenting somewhat of a dilemma.
"Having had one injection that wreaked havoc on my life and others, I am not anxious to obtain one of the new COVID vaccines," said Kathleen Cooley, a Michigan resident.
Cooley said she was not ruling out getting the vaccine "forever" but was adopting a wait and see attitude.
"I am just not sure this vaccine is safe yet," said Dawn Elliott, an Indiana resident who still suffers from her 2012 injection with a contaminated steroid.
"I plan to wait a bit, " Elliott added, noting that a friend of hers had a high fever and blistering gums after getting the second COVID-19 vaccine.
Other victims have expressed concerns on a facebook site which was set up as a communications link for fungal meningitis outbreak victims. Though some have also expressed concern that the after effects of the fungal meningitis outbreak might make them susceptible to a more severe reaction from the vaccine, experts say that is not the case.
"I can think of no reason that persons affected by fungal meningitis should not receive COVID vaccine---unless, as with everyone, they have one of the standard precautions," said Dr. William Schaffner, an infectious disease expert at the Vanderbilt University Medical Center.
Rita Geisler, an Indiana outbreak victim, said she already got the two Pfizer vaccine shots with little effect.
She said she experienced a little hardness around the injection site for a few days after the first shot "but it didn't really hurt."
Joan Peay, a Nashville outbreak victim, said she decided to get the vaccine after her husband got both shots without any ill effects.
She got her first shot over the weekend at the Music City Center.
"I took two ibuprofen on the way there and did not get sick. My arm was a little sore yesterday but it is okay today and I get the second shot in three weeks," Peay said.
Angel Farthing, a Maryland outbreak victim who suffered serious after effects from fungal meningitis, said that she was not at all hesitant about getting the vaccine.
Farthing, who works in education, said she was ready to get back in school and into a normal life.
"I'm done with my life being stolen and my hope is that the shot can give me some of my life back," Farthing added.
Contact: wfrochejr999@gmail.com
For some victims of the 2012 fungal meningitis outbreak, whose lives were forever altered by an injection, the prospect of getting the COVID-19 vaccine injection is presenting somewhat of a dilemma.
"Having had one injection that wreaked havoc on my life and others, I am not anxious to obtain one of the new COVID vaccines," said Kathleen Cooley, a Michigan resident.
Cooley said she was not ruling out getting the vaccine "forever" but was adopting a wait and see attitude.
"I am just not sure this vaccine is safe yet," said Dawn Elliott, an Indiana resident who still suffers from her 2012 injection with a contaminated steroid.
"I plan to wait a bit, " Elliott added, noting that a friend of hers had a high fever and blistering gums after getting the second COVID-19 vaccine.
Other victims have expressed concerns on a facebook site which was set up as a communications link for fungal meningitis outbreak victims. Though some have also expressed concern that the after effects of the fungal meningitis outbreak might make them susceptible to a more severe reaction from the vaccine, experts say that is not the case.
"I can think of no reason that persons affected by fungal meningitis should not receive COVID vaccine---unless, as with everyone, they have one of the standard precautions," said Dr. William Schaffner, an infectious disease expert at the Vanderbilt University Medical Center.
Rita Geisler, an Indiana outbreak victim, said she already got the two Pfizer vaccine shots with little effect.
She said she experienced a little hardness around the injection site for a few days after the first shot "but it didn't really hurt."
Joan Peay, a Nashville outbreak victim, said she decided to get the vaccine after her husband got both shots without any ill effects.
She got her first shot over the weekend at the Music City Center.
"I took two ibuprofen on the way there and did not get sick. My arm was a little sore yesterday but it is okay today and I get the second shot in three weeks," Peay said.
Angel Farthing, a Maryland outbreak victim who suffered serious after effects from fungal meningitis, said that she was not at all hesitant about getting the vaccine.
Farthing, who works in education, said she was ready to get back in school and into a normal life.
"I'm done with my life being stolen and my hope is that the shot can give me some of my life back," Farthing added.
Contact: wfrochejr999@gmail.com
Friday, February 26, 2021
Appeals Court Upholds NECC Convictions
By Walter F. Roche Jr.
A federal appeals court has upheld the convictions of three former employees of a drug compounding company blamed for a deadly 2012 fungal meningitis outbreak.
In a 61-page decision the First Circuit Court of appeals sitting in Boston, Mass. upheld the guilty verdicts returned by a jury in late 2018 against Gene Svirskiy, Alla Stepanets and Christopher Leary. All three worked at the now defunct New England Compounding Center.
NECC was the source of contaminated steroids that were shipped to unsuspecting health care providers in 2012. The fungus ridden drugs ultimately took the lives of more than 100 patients.
But as the ruling written by Appeals Court Judge David J. Barron points out, the three defendants played no role in preparing the tainted steroids. They were convicted of other violations turned up in a two year federal probe of NECC.
Svirskiy, who managed one of NECC's clean rooms, was convicted of racketeering, racketeering conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. He is now serving a 30 month sentence imposed by U.S. District Judge Richard G. Stearns.
Leary was sentenced to eight months of home confinement while Stepanets was sentenced to one year of probation. The apppeals court also upheld the conviction of Stepanets on multiple counts of violating the Food Drug and Cosmetic Act and Leary on mail fraud and Food Drug and Cosmetic Act violations.
In the detailed ruling the three judge panel rejected arguments that the defendants were not actually acting as pharmacists in their jobs at NECC and were not involved in the sales pitches made by NECC's sales staff.
The three were among 14 indicted in late 2014 following the two-year grand jury investigation. Only one of the 14 was acquitted of the charges. Contact: wfrochejr999@gmail.com
A federal appeals court has upheld the convictions of three former employees of a drug compounding company blamed for a deadly 2012 fungal meningitis outbreak.
In a 61-page decision the First Circuit Court of appeals sitting in Boston, Mass. upheld the guilty verdicts returned by a jury in late 2018 against Gene Svirskiy, Alla Stepanets and Christopher Leary. All three worked at the now defunct New England Compounding Center.
NECC was the source of contaminated steroids that were shipped to unsuspecting health care providers in 2012. The fungus ridden drugs ultimately took the lives of more than 100 patients.
But as the ruling written by Appeals Court Judge David J. Barron points out, the three defendants played no role in preparing the tainted steroids. They were convicted of other violations turned up in a two year federal probe of NECC.
Svirskiy, who managed one of NECC's clean rooms, was convicted of racketeering, racketeering conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. He is now serving a 30 month sentence imposed by U.S. District Judge Richard G. Stearns.
Leary was sentenced to eight months of home confinement while Stepanets was sentenced to one year of probation. The apppeals court also upheld the conviction of Stepanets on multiple counts of violating the Food Drug and Cosmetic Act and Leary on mail fraud and Food Drug and Cosmetic Act violations.
In the detailed ruling the three judge panel rejected arguments that the defendants were not actually acting as pharmacists in their jobs at NECC and were not involved in the sales pitches made by NECC's sales staff.
The three were among 14 indicted in late 2014 following the two-year grand jury investigation. Only one of the 14 was acquitted of the charges. Contact: wfrochejr999@gmail.com
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