subject: Can Victims Sue New England Compounding Center Over Meningitis Outbreak? [print this page] There has been a lot of hue and cry over the meningitis outbreak that caused the loss of 4 lives across the United States. Unsafedrugs.com published news last day where it was underlined how widely known spinal steroid injection methylprednisolone acetate used to treat inflammation related back pain lead to death of 4 people due to contamination. However, there are many people who survived are adversely affected and are wondering if they could sue, the manufacturer of the compound, NECC over the Meningitis Outbreak.
Though, the strength of a case depends much on the specific facts of the incidence and adjoining circumstances, nonetheless there is a good reason for victims to seek compensation for their damages that the injection caused them. Here are some of the points that make this case strong for victims:
Point Number 1: During initial investigation of the matter the U.S.F.D.A has obtained sample of the injection and have found certain levels of fungus that were visible to the naked eye. Or in other words we can say that the agency has observed fungal contamination by direct microscopic examination of foreign matter taken from a sealed vial of methylprednisolone acetate collected from one of the manufacturing units.
Point Number 2: The latest data that was published by Centers for Disease Control and Prevention has confirmed a direct link between the affected lot of methylprednisolone acetate (80mg/ml) and the New England Compounding Center (NECC). This link could be an exceptional evidence that makes the case much stronger for victims.
Point Number 3: Though the investigation is still underway and FDA is working with Centers for Disease Control and Prevention and other local bodies to get into the root of the cause. Initial reports have indicated that the outbreak was caused due to fungal contamination and many people have been infected with Aspergillus fumigates. If FDA too comes up with the same conclusion then it would be a good case for victims.
However, to determine if victims could sue the manufacturer and the concerned clinic, injury lawyers need to look at the various distribution centers that were involved in this long chain. It is important to pick the exact clinic where the lot was supplied and there needs to be a match between the lot received by the clinics and the injection administered to the patient.
Here is the list of Healthcare Facilities which received recalled Lots of Methylprednisolone Acetate (PF) from New England Compounding Center on September 26, 2012.
*Lot #05212012@68, BUD 11/17/2012; Lot #06292012@26, BUD 12/26/2012; Lot #08102012@51, BUD 2/6/2013
CYPRESS SURGERY CENTER DBA 559 740 4094 VISALIA CA
ENCINO OUTPATIENT SURGICENTER 818-986-1037 ENCINO CA
UKIAH VALLEY MEDICAL CENTER 707 463 7345 UKIAH CA
UNIVERSAL PAIN MANAGEMENAT 661-267-6876 x166 PALMDALE CA
INTERVENTIONAL SPINE AND SPORTS MED 203 598 7246 MIDDLEBURY CT
FLORIDA PAIN CLINIC 352-237-5906 OCALA FL
INTERVENTIONAL REHAB CENTER 850 484 8800 PENSACOLA FL
MARION PAIN MANAGEMENT CENTER 352 622 1845 OCALA FL
NORTH COUNTY SURGICENTER 561 626 6446 PALM BEACH GARDENS FL
ORLANDO CENTER FOR OUTPATIENT SURGERY 407-426-8331 ORLANDO FL
PAIN CONSULTANTS OF WEST FLORIDA 850 494 0000 PENSACOLA FL
SURGERY CENTER OF OCALA 352-237-5906 OCALA FL
SURGICAL PARK CENTER 305-271-9100 x226 MIAMI FL
FORSYTH STREET AMBULATORY SURG. CTR. 478-749-1610 MACON GA
PAIN SPECIALISTS OF IDAHO 208 522 7246 IDAHO FALLS ID
WALTER KNOX MEMORIAL HOSPITAL 208-365-3561 x3342 EMMETT ID
APAC CENTERS FOR PAIN MANAGEMENT 708-483-7007 WESTCHESTER IL
APAC CENTERS FOR PAIN MANAGEMENT- 773-935-2760 CHICAGO IL
THOREK MEMORIAL HOSPITAL 773 975-6734 CHICAGO IL
AMBULATORY CARE CENTER LLC 812 475 1800 EVANSVILLE IN
FORT WAYNE PHYSICAL MEDICINE 260-436-9337 FORT WAYNE IN
OSMC OUTPATIENT SURGERY CENTER 574-266-4173 ELKHART IN