Consumer Lawyers

11/29/12: Steroid Meningitis Recall News: Litigation Update

In Uncategorized on November 29, 2012 at 10:05 pm

Evidence of a deadly fungus that has sickened thousands and killed hundreds of patients may still exist inside the New England Compounding Center and should  be collected now, say  attorneys who represents a man who has filed a lawsuit against the Center.

“We should to be allowed inside the NECC business office to gather valuable evidence and information by mid-December,” says Mark Zamora, the lawyer for the Plaintiff in the case pending in United States District Court in Boston.

Attorney Mark Zamora,  along with Janet, Jenner & Suggs, represent C. Green who claims he received one or more steroid injections formulated by NECC and now suffers from serious side effects.  Green’s 22-page complaint filed  in  Superior Court of Middlesex County, MA, describes “greenish black foreign matter” and “white filamentous material” discovered by government inspectors when they examined NECC’s products.

The Centers for Disease Control and Prevention said at least 36 people in 19 states are dead and 474 more have been sickened or are seriously ills after receiving injections possibly contaminated with the fungus that causes fungal meningitis.

On Wednesday, U.S. District Court Judge F. Dennis Saylor IV ordered owners of the NECC a to preserve all physical and electronic evidence related to its operations, including personal phone and email records. The Court ruled on Motions filed by Zamora and co counsel Kim Dougherty.

Judge Saylor has temporarily consolidated 12 local lawsuits against the NECC, including the Green suit so that pre-trial proceedings may move forward.

“The NECC’s blatant disregard for even the most basic sterility obligations, its wanton disregard for the limited scope of its licenses, its conscious disregard for safety standards, its deplorable facility conditions where mold and bacteria festered, and blatant contempt for prior complaints, adverse events, and inspection findings, all lead to a national epidemic of fungal meningitis,” according to Green’s complaint.

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