By Walter F. Roche Jr.
The Michigan Supreme Court has rejected an appeal filed by a former pharmacist seeking to have multiple second degree murder charges thrown out.
In a one paragraph ruling the state's highest court rejected Chin's claim that there was insufficient evidence for the charges to be presented to a Livingston County jury.
"We are not persuaded that the question presented should be reviewed by this court," the ruling states.
Chin was a supervising pharmacist at a Massachusetts drug compounding firm that shipped thousands of vials of a contaminated steroid to health facilities across the country.
Over 100 patients, including 11 in Michigan, died after injection with the drug ladened with a deadly fungus.
Chin was appealing a decision by the state Court of Appeals which rejected a similar plea to have the murder charges tossed. The case has been bouncing back and forth between the two courts since last year.
The decision means Chin will face the charges before a jury in Livingston County. The case is being prosecuted by the Michigan Attorney General's office.
A parallel appeal has been filed by co-defendant Barry Cadden, who was president and part owner of the same compounding firm, the now defunct New England Compounding Center. Cadden's appeal is still pending.
Contact: wfrochejr999@gmail.com
Wednesday, May 4, 2022
Chin Seeks 2.5 Year Sentence Reduction
By Walter F. Roche Jr.
The lawyer for a former pharmacist facing a 10.5 year prison term argued today in a federal apppeals court hearing that a U.S. District Court judge erred when he tacked on another 2.5 years to his sentence for racketeering and related charges.
James Sultan, the lawyer for Glenn Chin, the former pharmacist, told a three judge panel that his client had no way of knowing that the drugs he was preparing contained a deadly fungus.
Chin was the supervising pharmacist at the now defunct New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak which ultimately took the lives of more than 100 patients. Arguing in the 1st Circuit Court of Appeals in Boston, Mass., Christopher Looney, representing federal prosecutors, said the outbreak victims represented the very definition of vulnerable victims and the 10.5 year sentence should remain in place.
Looney also argued that Chin clearly knew or should have known that the drugs he was preparing could, if contaminated, lead to death or serious injury.
Sultan, however, stated that Chin had been preparing the same drug, preservative free methyl prednisolone acetate, for years without incident.
Chin and co-defendant Barry J. Cadden, are currently awaiting trial in Livingston County Michigan on multiple charges of second degree murder in the deaths of 11 patients who were injected with the same spinal steroid.
The Michigan Supreme Court yesterday denied Chin's motion to have the second degree murder charges thrown out. (See related story) The 10.5 year sentence was set by U.S. District Court Judge Richard G. Stearns after the same appeals court concluded that the original eight year sentence set by Stearns was too lenient. But in today's hearing Looney was asked whether Stearns might have over-read their prior ruling.
Looney responded stating that Chin was aware of the risks involved in injecting drugs into a patient's spinal column.
He cited the trial testimony of a former NECC employee who recounted a conversation he had with Chin in which the risks of such injections were discussed.
Following 45 minutes of arguments, the panel took the case under advisement.
Contact: wfrochejr999@gmail.com
The lawyer for a former pharmacist facing a 10.5 year prison term argued today in a federal apppeals court hearing that a U.S. District Court judge erred when he tacked on another 2.5 years to his sentence for racketeering and related charges.
James Sultan, the lawyer for Glenn Chin, the former pharmacist, told a three judge panel that his client had no way of knowing that the drugs he was preparing contained a deadly fungus.
Chin was the supervising pharmacist at the now defunct New England Compounding Center, the company blamed for the 2012 fungal meningitis outbreak which ultimately took the lives of more than 100 patients. Arguing in the 1st Circuit Court of Appeals in Boston, Mass., Christopher Looney, representing federal prosecutors, said the outbreak victims represented the very definition of vulnerable victims and the 10.5 year sentence should remain in place.
Looney also argued that Chin clearly knew or should have known that the drugs he was preparing could, if contaminated, lead to death or serious injury.
Sultan, however, stated that Chin had been preparing the same drug, preservative free methyl prednisolone acetate, for years without incident.
Chin and co-defendant Barry J. Cadden, are currently awaiting trial in Livingston County Michigan on multiple charges of second degree murder in the deaths of 11 patients who were injected with the same spinal steroid.
The Michigan Supreme Court yesterday denied Chin's motion to have the second degree murder charges thrown out. (See related story) The 10.5 year sentence was set by U.S. District Court Judge Richard G. Stearns after the same appeals court concluded that the original eight year sentence set by Stearns was too lenient. But in today's hearing Looney was asked whether Stearns might have over-read their prior ruling.
Looney responded stating that Chin was aware of the risks involved in injecting drugs into a patient's spinal column.
He cited the trial testimony of a former NECC employee who recounted a conversation he had with Chin in which the risks of such injections were discussed.
Following 45 minutes of arguments, the panel took the case under advisement.
Contact: wfrochejr999@gmail.com
Wednesday, April 27, 2022
Indiana Victims Appeal Adverse Ruling
By Walter F. Roche Jr.
Charging that the Feb. 22 decision by an Elkhart Superior was simply wrong, lawyers for some 80 Indiana victims of the 2012 fungal meningitis outbreak are asking the state Court of Appeals to allow them to appeal that adverse ruling.
Stating that the claims of the victims have already been pending for years, the motion notes that many of them are elderly.
In addition the motion filed by attorney Douglas Small states that parallel cases by other outbreak victims in St. Joseph County Court are moving in the opposite direction. An appeal is necessary to resolve several issues including "the conflicting state court orders."
The Elkhart victims, like others, were injected in their spines and other joints with a steroid, preservative free methyl prednisolone acetate, that was contaminated with a deadly fungus at the Orthopedic and Sports Medicine Center (ASC).
Charging that the clinic was negligent, the 12-page motion states that the drugs were also mislabeled and the names on the vials were not those of the actual patients.
The filing contends that it was the patients who were defrauded, not the U.S. Food and Drug Administration despite that Feb. 22 ruling by Judge Kristin Osterday.
Without a resolution of the conflicting rulings now, the motion concludes, patients will end up waiting even longer and much of the work done already, including ongoing efforts by medical review panels, will be for naught.
Contact wfrochejr999@gmail.com
Charging that the Feb. 22 decision by an Elkhart Superior was simply wrong, lawyers for some 80 Indiana victims of the 2012 fungal meningitis outbreak are asking the state Court of Appeals to allow them to appeal that adverse ruling.
Stating that the claims of the victims have already been pending for years, the motion notes that many of them are elderly.
In addition the motion filed by attorney Douglas Small states that parallel cases by other outbreak victims in St. Joseph County Court are moving in the opposite direction. An appeal is necessary to resolve several issues including "the conflicting state court orders."
The Elkhart victims, like others, were injected in their spines and other joints with a steroid, preservative free methyl prednisolone acetate, that was contaminated with a deadly fungus at the Orthopedic and Sports Medicine Center (ASC).
Charging that the clinic was negligent, the 12-page motion states that the drugs were also mislabeled and the names on the vials were not those of the actual patients.
The filing contends that it was the patients who were defrauded, not the U.S. Food and Drug Administration despite that Feb. 22 ruling by Judge Kristin Osterday.
Without a resolution of the conflicting rulings now, the motion concludes, patients will end up waiting even longer and much of the work done already, including ongoing efforts by medical review panels, will be for naught.
Contact wfrochejr999@gmail.com
Tuesday, April 26, 2022
Chin Seeks Reduction in Sentence
By Walter F. Roche Jr.
Charging that he regularly flouted safety rules, federal prosecutors are asking a federal appeals court to uphold a 10.5 year prison sentence imposed on a supervisory pharmacist at a Massachusetts drug compounding firm.
The 1st Circuit Court of Appeals in scheduled to hear arguments next Wednesday for the former pharmacist, Glenn A. Chin, and the federal prosecutors who want the the 10.5 year sentence kept in place.
Chin's lawyers face an uphill battle since the 10.5 year sentence was based on a prior ruling by the appeals court in the case.
The appeals panel rejected the original the eight year sentence initially set by U.S. District Judge Richard G. Stearns concluding it was too lenient.
Chin was a supervisory pharmacist at the now defunct New England Compounding Center, the company blamed in the 2012 fungal meningitis outbreak, which ultimately took the lives of more than 100 patients.
Chin's lawyers, in a brief in anticipation of the upcoming hearing, argued that the government had failed to prove that the pharmacist's conduct at NECC "involved the conscious or reckless risk of death or serious bodily injury."
Contending that NECC had not previously had any comparable problems, James Sultan, argued that Chin had no reason to believe his actions put a large number of vulnerable victims at risk.
"Chin did not deliberately exploit or target a particular group of individuals," the filing states.
Federal prosecutors, in their brief, stated that evidence showed Chin regularly flouted required safety standards and even ordered other NECC workers to do the same.
The lack of cleaning in Chin's clean room led to "gross contamination," the brief states.
In addition, the filing states, Chin failed to properly sterilize the very drugs that caused the outbreak.
This is Chin's second attempt to get a lesser sentence. Co-defendant Barry Cadden is also appealing his 14.5 year sentence. In addition oth have also been ordered to pay $82 million in restitution.
Contact: wfrochejr999@gmail.com
Charging that he regularly flouted safety rules, federal prosecutors are asking a federal appeals court to uphold a 10.5 year prison sentence imposed on a supervisory pharmacist at a Massachusetts drug compounding firm.
The 1st Circuit Court of Appeals in scheduled to hear arguments next Wednesday for the former pharmacist, Glenn A. Chin, and the federal prosecutors who want the the 10.5 year sentence kept in place.
Chin's lawyers face an uphill battle since the 10.5 year sentence was based on a prior ruling by the appeals court in the case.
The appeals panel rejected the original the eight year sentence initially set by U.S. District Judge Richard G. Stearns concluding it was too lenient.
Chin was a supervisory pharmacist at the now defunct New England Compounding Center, the company blamed in the 2012 fungal meningitis outbreak, which ultimately took the lives of more than 100 patients.
Chin's lawyers, in a brief in anticipation of the upcoming hearing, argued that the government had failed to prove that the pharmacist's conduct at NECC "involved the conscious or reckless risk of death or serious bodily injury."
Contending that NECC had not previously had any comparable problems, James Sultan, argued that Chin had no reason to believe his actions put a large number of vulnerable victims at risk.
"Chin did not deliberately exploit or target a particular group of individuals," the filing states.
Federal prosecutors, in their brief, stated that evidence showed Chin regularly flouted required safety standards and even ordered other NECC workers to do the same.
The lack of cleaning in Chin's clean room led to "gross contamination," the brief states.
In addition, the filing states, Chin failed to properly sterilize the very drugs that caused the outbreak.
This is Chin's second attempt to get a lesser sentence. Co-defendant Barry Cadden is also appealing his 14.5 year sentence. In addition oth have also been ordered to pay $82 million in restitution.
Contact: wfrochejr999@gmail.com
Saturday, April 23, 2022
Fungal Meningitis Study Finds Blocking and Bursting
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New research from the University of Sheffield has revealed how fungus blocks and bursts blood vessels in the brain, helping scientists better understand how meningitis starts.
The study, published in the journal PLoS Pathogens, shows that Cryptococcus neoformans microbes become lodged in blood vessels preventing blood flow and increasing blood pressure. These microbes grow in the small blood vessels causing them to stretch and burst, releasing the infectious microbes into the brain and causing meningitis.
Meningitis is most commonly caused by an infection of the brain and spinal cord and can be life threatening if not recognised and treated very quickly. It is most common in babies, adolescents and those with compromised immune systems and affects an estimated 2.5 million people each year.
Dr Simon Johnston, from the University of Sheffield’s Department of Infection, Immunity and Cardiovascular Disease, said: “The brain has very complex and effective defences against microbes, but we have identified a simple and effective method that microbes may use to escape the blood and enter the brain.
“Previous research has focused on how microbes can break down the defences of the brain or use immune cells as a route into the brain. We can demonstrate how, for some microbes, damaging blood vessels is a very effective method of invasion.
“Our immune system is very effective at recognising and destroying microbes, including in the blood. However, some microbes can escape the immune cells and it is these microbes that would be most effective at using blood vessels bursting as a way into the brain.”
The study, published in the journal PLoS Pathogens, shows that Cryptococcus neoformans microbes become lodged in blood vessels preventing blood flow and increasing blood pressure. These microbes grow in the small blood vessels causing them to stretch and burst, releasing the infectious microbes into the brain and causing meningitis.
Meningitis is most commonly caused by an infection of the brain and spinal cord and can be life threatening if not recognised and treated very quickly. It is most common in babies, adolescents and those with compromised immune systems and affects an estimated 2.5 million people each year.
Dr Simon Johnston, from the University of Sheffield’s Department of Infection, Immunity and Cardiovascular Disease, said: “The brain has very complex and effective defences against microbes, but we have identified a simple and effective method that microbes may use to escape the blood and enter the brain.
“Previous research has focused on how microbes can break down the defences of the brain or use immune cells as a route into the brain. We can demonstrate how, for some microbes, damaging blood vessels is a very effective method of invasion.
“Our immune system is very effective at recognising and destroying microbes, including in the blood. However, some microbes can escape the immune cells and it is these microbes that would be most effective at using blood vessels bursting as a way into the brain.”
Friday, April 22, 2022
Two Texans Convicted in Compounding Scam
Johnathon Yates Boyd III of Katy, Texas, was sentenced to 12 months of probation and more than $391,000 in restitution, and Bryan Fred Woodson of Beach City, Texas, was sentenced to 12 months of probation and more than $553,000 in restitution for helping orchestrate a kickback scheme.
The scheme involved physicians who were recruited to receive kickback payments in exchange for writing and referring expensive compounded drug prescriptions to OK Compounding, a company controlled and operated by two other defendants.
Boyd and Woodson, who both pleaded guilty to conspiracy to pay kickbacks, were responsible for forming R&A Marketing Group LLC, a company that recruited the physicians and introduced them to OK Compounding.
The scheme involved physicians who were recruited to receive kickback payments in exchange for writing and referring expensive compounded drug prescriptions to OK Compounding, a company controlled and operated by two other defendants.
Boyd and Woodson, who both pleaded guilty to conspiracy to pay kickbacks, were responsible for forming R&A Marketing Group LLC, a company that recruited the physicians and introduced them to OK Compounding.
Friday, April 1, 2022
Compounded Drug Scheme Detailed
Pharmacy President Admitted to Role in $34 Million Compound Medication Scheme
3/31/2022 4:30 PM EDT
Robert Schneiderman of Langhorne, Pennsylvania, admitted to participating in a massive compounded-medication kickback scheme that he and others ran out of a pharmacy in Clifton, New Jersey. Schneiderman pleaded guilty in federal court to one count of conspiracy to commit healthcare fraud and one count of conspiracy to violate the Anti-Kickback Statute. From 2014 through 2016, Schneiderman and his coconspirators used Main Avenue Pharmacy, a mail-order pharmacy with a storefront in New Jersey, to run a fraud and kickback scheme involving compounded drugs like scar creams, pain creams, migraine mediation, and vitamins. Schneiderman was the president of Main Avenue Pharmacy and was a founder and CEO of its corporate parent. On compounded medications alone, Main Avenue Pharmacy received over $34 million in reimbursements from healthcare benefit programs. Approximately $8 million of that total was paid by federal payers. Schneiderman himself earned over $400,000 through the course of the scheme. This case was investigated by the VA OIG, FBI, Department of Defense OIG, Defense Criminal Investigative Service, and Department of Health and Human Services OIG.
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