Pharmacist guilty of fraud, not murder, over U.S. meningitis outbreak

Pharmacist guilty of fraud, not murder, over U.S. meningitis outbreak

By Nate Raymond

BOSTON (Reuters) – A Massachusetts pharmacist was convicted of racketeering and fraud charges but was cleared of murder on Wednesday for his role in a 2012 fungal meningitis outbreak that killed 76 people and sickened hundreds more across the United States.

Jurors found that federal prosecutors in Boston failed to prove Glenn Chin, 49, committed second-degree murder in connection with the deaths of 25 people who were injected with mold-tainted steroids produced at the now-defunct New England Compounding Center.

The federal jury instead found Chin guilty on racketeering, conspiracy and mail fraud charges stemming from his role as the pharmacist who supervised the so-called clean rooms in which NECC’s drugs were made.

The verdict came after a separate jury in March found Barry Cadden, NECC’s co-founder and former president, guilty of racketeering and fraud but similarly cleared him of murder. Cadden, 50, was sentenced in June to nine years in prison.

“No matter what these prosecutors tell you, this was never a murder case, ever, ever, ever,” said Stephen Weymouth, Chin’s lawyer.

He called the verdict a victory, noting that a murder conviction would have exposed Chin to a maximum prison sentence of life. Weymouth said he now expected Chin to receive a prison term no longer than Cadden’s when he is sentenced Jan. 30.

Prosecutors say that 778 people nationwide were sickened after being injected with contaminated steroids produced in unsanitary conditions at Framingham, Massachusetts-based NECC.

The outbreak led Congress in 2013 to pass a law that aimed to clarify the U.S. Food and Drug Administration’s ability to oversee large compounding pharmacies that make custom drugs.

Prosecutors said Chin directed staff in NECC’s clean rooms to skip cleaning despite the presence of insects, mice and mold.

They claimed Chin disregarded the probability that people could die if he failed to ensure drugs were produced in sanitary conditions and were properly sterilized in order to keep up with demand from hospitals nationally for its medicines.

His lawyers countered that Chin never meant for anyone to die. They said blame instead rested with Cadden, who made all of the decisions at NECC and trained Chin on how to produce drugs in the ways that prosecutors contend were unsafe.

Lesser charges were filed against 12 other people associated with NECC. Three have pleaded guilty. A federal judge dismissed charges against two defendants in 2016. Charges remain pending against the rest.

(Reporting by Nate Raymond in Boston; Editing by Andrew Hay)

Trial wraps up for pharmacist in deadly U.S. meningitis outbreak

Trial wraps up for pharmacist in deadly U.S. meningitis outbreak

By Nate Raymond

BOSTON (Reuters) – Closing arguments are set for Friday in the trial of a Massachusetts pharmacist accused of murder and fraud for his role in a 2012 fungal meningitis outbreak that killed 76 people and sickened hundreds more across the United States.

Federal prosecutors in Boston contend that Glenn Chin, a former supervisory pharmacist at New England Compounding Center, cut corners while overseeing the production of drugs the company produced in filthy conditions.

Those drugs included steroids tainted with mold that were shipped out to healthcare facilities nationally and then injected into patients, leading to an outbreak that sickened 778 people nationally, prosecutors said.

They said that Chin, 49, recklessly failed to ensure the compounding pharmacy’s drugs were produced in sanitary conditions to keep up with demand from hospitals for its products.

Prosecutors claim Chin directed staff in NECC’s so-called clean rooms where the drugs were made, to skip cleaning, despite the presence of insects, mice and mold.

Chin has pleaded not guilty to charges including racketeering and mail fraud. He faces up to life in prison if he is convicted of second-degree murder charges brought under racketeering law.

Defense lawyers counter that Chin did nothing to kill the 25 people who are the subject of those murder allegations and say blame instead lies with Barry Cadden, NECC’s co-founder and former president.

They say that Cadden directed the corner-cutting at NECC, and note that at his trial earlier this year, prosecutors said people died because Cadden decided to put profits before patient safety.

Cadden was sentenced in June to nine years in prison after he was found guilty of racketeering and fraud charges but cleared of murder.

Lesser charges were filed against 12 other people. Three have pleaded guilty, while a federal judge dismissed charges against two defendants in October 2016. Charges remain pending against the other seven.

(Reporting by Nate Raymond; Editing by Scott Malone and Bernadette Baum)

Jury quirk in U.S. meningitis outbreak case could bring stiffer sentence

FILE PHOTO: Barry Cadden, the former president of New England Compounding Center, exits the federal courthouse in Boston, Massachusetts, U.S., March 22, 2017. REUTERS/Nate Raymond/File Photo

By Nate Raymond

BOSTON (Reuters) – Prosecutors on Monday said a quirk in the trial verdict of a Massachusetts pharmacist cleared of murder for selling fungus-ridden steroids that killed 64 people in 2012 meant that a judge could still consider the murder allegations at his sentencing.

A federal jury in March found Barry Cadden, the co-founder and ex-president of New England Compounding Center, guilty on racketeering and fraud counts but cleared him of the most serious charges, second-degree murder, for his role in a meningitis outbreak that sickened 753 people in 20 states, killing 64.

But when the 12 jurors filled out their verdict slip, rather than just checking findings of “guilty” or “not guilty,” they filled in numbers that prosecutors now say reflected vote counts showing a majority found Cadden guilty on 21 of 25 murder counts.

The U.S. Attorney’s office in Massachusetts argued in a motion filed on Monday that the verdict form showed jurors believed Cadden was guilty of murder and want the judge to consider that fact in determining his sentence on June 26.

Former prosecutors said they had never seen a verdict slip quite like it.

“While they failed to reach unanimity on these racketeering acts, the jury’s verdict confirmed that the murder racketeering acts were proven by a preponderance of the evidence in this case, and can be properly considered at sentencing,” prosecutors wrote in the filing.

Their argument might work since judges at sentencing can consider conduct proven by a standard lower than what jurors are instructed to follow to convict someone, said David Schumacher, former deputy chief of the health care fraud unit of the U.S. Attorney’s office.

“They have a very good argument,” he said. “They actually have documentary evidence prosecutors never have in criminal cases.”

A conviction on any of the 25 acts of second-degree murder Cadden faced under a racketeering law could have exposed him to life in prison. He could still face decades behind bars.

A lawyer for Cadden did not respond to a request for comment. In court papers, his lawyers have disputed that the jury did not clearly acquit him and said prosecution claims to the contrary were “wishful thinking.”

Cadden, 50, was one of only two out of 14 people indicted in 2014 connected to the scandal at the Framingham, Massachusetts-based New England Compounding Center to face murder charges. The other murder defendant, former supervisory pharmacist Glenn Chin, is scheduled go on trial on Sept. 19. He has pleaded not guilty.

Prosecutors said that in 2012, the compounding pharmacy sent out 17,600 vials of steroids labeled sterile that were contaminated with mold to 23 states and that Cadden ignored the rules and put profits before patients. Cadden denied wrongdoing.

(Adds missing word “care” to 7th paragraph.)

(Reporting by Nate Raymond; editing by Scott Malone and Tom Brown)

Fungal Meningitis Toll Tops 100

An outbreak of a rare form of meningitis has expanded to nine states and now has infected at least 105.

Eight people have died from tainted injections of methylprednisone obtained from the New England Compounding Center. As many as 13,000 patients could have been exposed to the contaminated drugs since May 21, much earlier than previously suspected by the Centers for Disease Control. Continue reading