Meningitis Outbreak: A Possible Federal Criminal Charge Lurking
- Ennis & Ennis
10/18/2012 - On October 17, 2012, the number of cases and deaths with fungal meningitis injections continued to increase, with 247 confirmed meningitis cases, including 19 deaths. The tainted methylprednisolone acetate injections were produced and distributed by New England Compounding Center (NECC) in Massachusetts.
Great concern has now spread to other drugs made by NECC. On October 15, 2012, the U.S. Food and Drug Administration (FDA) provided state health officials with a list of more than 131,000 shipping invoices for NECC products that could potentially also be tainted, including drugs used for open-heart surgeries and eye operations. 
The U.S. Attorney’s Office and the FDA are performing a criminal investigation. There are two possible causes of action that could surface: 1) NECC put a product that failed to meet state and federal standards into the stream of commerce and/or 2) NECC failed to receive FDA approval to produce methylprednisolone.
The question is whether NECC will be considered a drug manufacturer, as opposed to compounding facility. Compounding facilities create a specific mixture on an individualized basis and are not strictly regulated by the FDA. Because they are not strictly regulated, they are not to mass produce a drug that is already on the market. Mass production of a drug would change a compounding facility to a manufacturer, requiring much stricter regulations from the FDA.
Patients who received an injection and are experiencing meningitis symptoms such as headache, fever, nausea, and/or stiffness of the neck should present to a medical provider immediately. Then they should file an adverse event report with the FDA at https://www.accessdata.fda.gov/scripts/medwatch/medwatch-online.htm. Lastly, they should consult with an experienced attorney.
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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