Did you miss the deadline to file your meningitis claim against the NECC?

We have been made aware that there are some circumstances under which we may be able to file a claim past the January 15 deadline. This does not mean that we will definitely be able to preserve your claim, though we are happy that the Court is willing to grant this extension to accommodate people who may not have had the chance to file in time. If you have a meningitis case, it is still very urgent that you contact us. We do not know when the possibility for an extension will end, and it is imperative that we file your claim as soon as possible.

Please contact us for a free consultation of your potential meningitis case.

NECC Bankruptcy Settlement: Tentative Settlement Expected to Exceed $100 Million

Tentative NECC bankruptcy settlement to be finalized soon

Proof of claim forms due January 15, 2014

Yesterday, the Court-appointed Plaintiffs’ Steering Committee (PSC) announced a preliminary NECC bankruptcy settlement (between the bankruptcy trustee and the owners, operators and insurers of the bankrupt NECC) that may exceed $100 million. This fund will begin to allow victims who received injections of tainted steroids made by NECC to seek compensation.

According to a press release, the agreements are still in the process of being finalized to ensure that victims’ rights are protected. There is no deadline set for when details of the proposal will be finalized and made public.

The proposed NECC bankruptcy settlement does not resolve families’ claims against the clinics that sold and administered the contaminated injections, as those claims are part of the ongoing multi-district litigation that is separate from the bankruptcy proceedings.

The Center for Disease Control (CDC) estimates that over 700 people have been diagnosed with fungal meningitis or other serious fungal infections, and 64 deaths have been tied to the outbreak. However, anyone who wishes to pursue a claim against the NECC must submit their proof of claim form by January 15, 2014 to be considered eligible for the NECC bankruptcy settlement.

If you received one of the contaminated injections last fall and still have not spoken with an attorney, contact us as soon as possible. Strict deadlines are approaching.

NECC Investigation: Will Execs Face Criminal Charges For Contaminated Drugs?

Authorities in Michigan and Massachusetts will collaborate their respective NECC investigations into NECC misconduct:

Michigan and Massachusetts will combine NECC investigations into conduct leading to the Meningitis outbreak from contaminated steroid injectionsThe NECC investigation is ongoing. Last week, authorities in Michigan and Massachusetts said they plan to coordinate state and federal criminal investigations of the New England Compounding Center (NECC). Investigations have been ongoing but have remained separate until this point; a federal grand jury has conducted investigations in Boston and a multi-county grand jury in Michigan. The state of Michigan was hit the hardest by the contamination at the NECC, containing 264 of the 751 infection and/or meningitis cases that were reported (CDC).

Michigan Attorney General Bill Schuette and Boston U.S. Attorney Carmen Ortiz agree that a collaborated effort in the NECC investigation will strengthen their work.

“Through this coordinated approach, we will strengthen our respective independent federal and state criminal investigations and achieve justice for the … individuals and their families who have suffered so much.” -Ortiz in a statement

It is unclear whether the NECC or its executives will face criminal charges. While drug contamination cases in the past have rarely (if ever) gotten to that point, the high degree of misconduct and harm may warrant further action from officials than the penalties they have imposed in the past.

New Study Details the Progression and Outcomes of the Meningitis Outbreak

This week, the U.S. Centers for Disease Control (CDC) released a study that gave a more complete account of the fungal meningitis outbreak caused by contaminated steroid (methylprednisolone acetate) injections from last fall. The study appeared today in the New England Journal of Medicine. According to Dr. John Jernigan, member of the CDC’s Division of Healthcare Quality Promotion and author of the study, this is the “first detailed look at the early clinical course of patients involved in this outbreak.”

More than Meningitis

Since September 2012, the contaminated drugs from New England Compounding Center (NECC) have caused at least 750 people in 20 different states to develop serious illnesses and/or infections. Sixty four of them have died. Although we refer to it as the meningitis outbreak, the infections were not limited to meningitis. According to Jernigan and his colleagues, the contaminated drugs caused a number of conditions ranging from mild to life-threatening to fatal. The pattern of disease varied over time, with meningitis cases reported earlier in the outbreak and noncentral nervous system diseases presenting later on.

[Read more…]

United States Bankruptcy Court District of Massachusetts – New England Compounding Pharmacy, Inc., d/b/a New England Compounding Center Proof of Claim Form

Bankruptcy Court and Steroid Injection Proof of Claim Form

The District of Massachusetts Bankruptcy Court finally sent out the NECC Steroid Injection Proof of Claim Form to all known recipients of the drugs. As we announced at the beginning of this month, the due date by which recipients must submit their steroid injection proof of claim forms is January 15, 2014.

Anyone who received one of the NECC contaminated steroid injections must submit a completed proof of claim form in order to be considered in any potential settlements. This includes many Minnesota residents, as several Minnesota clinics purchased and administered the NECC contaminated drugs.

NECC Steroid Injection Proof of Claim Form

Source: CBS Boston

Beyond Bankruptcy Proceedings

There is a multidistrict litigation (MDL) against NECC and other parties who administered the drugs. The MDL set up a mediation program, which gave hospitals and clinics who administered the drugs a chance to opt in and use mediation as a way to compensate injured patients. If they wanted to participate, they had to have opted in by September 23, 2013.

By choosing not to opt in, clinics and hospitals risked facing “vigorous federal litigation” according to the Tennessean. Thus, clinics and hospitals that did not opt in have essentially chosen to deal with any lawsuits on their own.

Do I need an attorney to submit the proof of claim form?

Bankruptcy Court drafted the proof of claim form so that injured parties are able to submit them without legal representation. However, there is a lot of room for error on these forms.

Filling the forms out completely and correctly is extremely important. Claiming appropriate damages will increase your eligibility for compensation. In addition, if your clinic did not opt into the mediation program, it may be necessary for you to sue them separately. For all of these reasons, we recommend you contact an attorney to explore your options as soon as possible.