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Fungal Meningitis Outbreak - Legal Ramifications

October 15, 2012 | Category: Meningitis Outbreak | Share

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According to Reuters  "One of the nearly 14,000 patients given potentially tainted injections of pain medicine sued the maker of the treatment in what may be the first of a wave of lawsuits over a deadly U.S. meningitis outbreak that shows no signs of abating."

The focus of the lawsuit, the New England Compounding Center (NECC), in Framingham, MA, the suspected center of the deadly meningitis outbreak,  has voluntarily closed and recalled all of its products.  As a compounding center, NECC is governed by state licensing laws under which they are required not to mass-produce products, but instead make them for individuals. 

According to Massachusetts Governor Deval Patrick on Wednesday, NECC misled regulators and did work beyond the scope of its state license.

Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. has said, "In 2004 NECC settled a lawsuit which alleged it had produced a tainted shot which caused a man's death."

Compounding pharmacies were started as a cottage industry to supply the need for difficult-to-obtain and customized medicines for individuals.    According to The Wall Street Journal October 11, 2012, in 12 years the number of compounding pharmacies has increased from almost none to about 3,000 today. 

Senator Richard Blumenthal of Connecticut is calling for a criminal probe of the company in this major national health scandal.  Both Federal and State regulators are coming under scrutiny for allowing the compounding pharmacy sector to grow rapidly without federal oversight.

According to CBS Massachusetts U.S. Representative Ed Markey has sent a letter to the U.S. Food and Drug Administration (FDA) asking whether it was "misled by the company".  If so and the company disregarded federal guidelines,  there may be sanctions available according to Representative Markey.

Facilities in Florida which received potentially fungal meningitis contaminated steroids are:

Florida Pain Clinic, Ocala, FL
Marion Pain Management Center, Ocala, FL
Orlando Center for Outpatient Surgery, Orlando, FL
Pain Consultants of West Florida, Pensacola, FL
Surgery Center of Ocala, Ocala, FL
Surgical Park Center, Miami, FL

Attorney Spivey  said, "It's not only important to seek the right medical diagnosis and treatment; it's important to seek the right legal counsel.  As meningitis outbreak attorneys, we have an experienced team with the skills, knowledge and expertise to litigate Meningitis Outbreak cases."    

"If you, a loved one or someone you know  has received this steroid injection,  contact us to discuss your legal rights.  The Spivey Law Firm, Personal Injury Attorneys, P.A. has a proven track record of handling product liability issues as evidenced by our many favorable settlements and verdicts."



Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A.,  toll free at 1.888.477.4839 or  email  Visit for more information. 

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