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Meningitis Civil Lawsuits Filed as Fungus Type is Identified

- Ennis & Ennis

10/19/2012 - Plaintiffs have started to file civil meningitis lawsuits in Florida and Massachusetts.   This comes as no surprise as the number of people with confirmed meningitis has increased to 257, including 20 deaths.  The meningitis outbreak has been linked to contaminated steroid injections distributed by New England Compounding Pharmacy, Inc. (NECC).

Drug Manufacturer vs. Compounding Facility

Drug manufacturers mass produce drugs and distribute them to multiple pharmacies. Drug manufacturers must abide by strict FDA regulations.

A compounding facility, on the other hand, creates individualized orders with specific prescriptions from physicians to cater to an individual’s need, thereby escaping the strict FDA regulation.

Meningitis Lawsuit

Plaintiffs allege NECC was negligent, fraudulent and took part in deceptive and unfair trade practices.   According to one complaint, not only was NECC negligent in distributing contaminated steroid injections, but also clearly acted as a drug manufacturer rather than a compounding facility.  The lawsuit alleges the FDA issued a warning letter to NECC in 2006 questioning it of its practices where it was operating as a drug manufacturer rather than a traditional compounding facility.   The lawsuit further outlines that NECC continued to mass-produce and manufacture steroid injections and “solicited bulk orders from physician and failed to require proof of individual patient prescriptions”.  

Type of Fungus

In the meantime, on October 17, 2012 The Center for Disease Control (CDC) and the United States Food and Drug Administration (FDA) confirmed the presence of Exserohilum rostratum in unopened vials of NECC’s preservative-free methylprednisolone acetate. [1] Of the 47 patients that have laboratory–confirmed fungal meningitis, 45 of them have confirmed Exserohilum rostratum specimens, one has Aspergillus fumigatus and one has Cladoporium.  All of these fungi are common in the environment, such as in dirt or grass.

Ennis & Ennis, P.A. continues to offer free, nationwide, confidential consultations to anyone who has been diagnosed with meningitis after receiving a steroid injection by calling toll free 1-800-856-6405 or by filling out the free online case evaluation form on this page.

[1] http://www.cdc.gov/HAI/outbreaks/currentsituation/

Free Nationwide Methylprednisolone Acetate Meningitis Lawsuit Case Evaluations

If you or a loved one have been injured or suffered a loss as a result of meningitis induced by steroid injections you may be entitled to compensation. Contact the Methylprednisolone Acetate Meningitis Recall Lawsuit Attorneys of Ennis & Ennis today for a free confidential case evaluation by filling out the form on this page or call toll-free: 1-800-856-6405.

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