Friday, November 30, 2012

November 30, 2012 Meningitis Recall News Update

The Framingham pharmacy linked to the fungal meningitis outbreak blamed for the deaths of dozens of pain sufferers has been told by a federal judge not to tamper with or attempt to destroy anything within the company’s walls — or even stored on personal cellphones and home computers.

My office is lead counsel on the Green v. NECC case, and there were hearings held in that case this past week. We sought for preservation of evidence and asked for permission to inspect the facilities where the recalled products were compounded. 

U.S. District Court Judge F. Dennis Saylor IV today told lawyers for  New England Compounding Center and its sister operation Ameridose he intends to issue an evidence-preservation order on behalf of 12 civil suits pending against one or both of the pharmacies in Boston’s federal court alone.

At a hearing this, Saylor also temporarily consolidated the 12 lawsuits for the convenience of pre-trial discovery and proceedings. Saylor is juggling just a handful of the 70 cases that have been filed federally against NECC and Ameridose nationwide, and which he noted may all be brought under one umbrella here or in another district early next year.