There have been at least 50 lawsuits filed in nine different states against the New England Compounding Center (NECC). The company is associated with the latest meningitis outbreak that has lead to a reported 37 deaths and 590 cases. The fungal meningitis, which was caused by the injection of contaminated steroid shots, can cause victims to experience multiple side effects, including vomiting, dizziness, drowsiness, blurred vision, nausea, exhaustion and difficulty with speech and attention. The lawsuits assert that NECC negligently produced a defective and dangerous product and seek compensation to repay families for the death of loved ones, lost wages and mental and emotional suffering. However, recovering damages for the victims will prove to be a complicated and long process.
It is uncertain whether the small private compounding pharmacy, NECC, has adequate liability insurance or sufficient assets to compensate any victims. As a result, many attorneys are seeking justice from other parties. Additional defendants named in these lawsuits are
- NECC pharmacists and co-founder Barry Cadden
- Co-founder Greg Conigliaro
- Sister company Ameridose
- Ameridose’s marketing and support team, Medical Sales Management
Under tort law, a lawsuit has to prove the defendant had a duty to protect the injured party, which in this case could be anyone involved with the medical procedure. Plaintiffs' attorneys are considering this option but need more information about the relationships between the compounding pharmacy and the hundreds of hospitals and clinics that used its product.
Although lawsuits against doctors and hospitals can be expensive, lengthy and complicated, these potential lawsuits represent a way for the victims and their families to recover expenses and seek justice for those who have been affected by this devastating outbreak.
If you or a loved one has received one of the tainted steroid shots and
has contracted fungal meningitis, call the Columbus personal injury lawyers
at Rourke and Blumenthal LLC to discuss your legal rights. There is a possibility
that you could be entitled to compensation.
http://www.cbsnews.com/8301-204_162-57559092/more-than-50-lawsuits-filed-in-meningitis-outbreak/