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U.S. Food and Drug Administration

Meningitis outbreak that killed 64 draws murder charges

John Bacon
USA TODAY

Two officials of a Massachusetts drugmaker blamed for a fungal meningitis outbreak that killed 64 people in 2012 were charged Wednesday with a range of crimes including second-degree murder, the U.S. attorney's office said.

"Production and profit were prioritized over safety," U.S. Attorney Carmen Ortiz said at a Boston news conference announcing a 131-count indictment. It lays out charges against the co-founders and 12 other employees of the New England Compounding Center in Framingham.

Co-founder Barry Cadden and senior pharmacist Glenn Chin face charges including 25 counts of second-degree murder for deaths in Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia. The federal racketeering indictment accused them of "acting in wanton and willful disregard of the likelihood" that their misconduct would cause deaths.

Both could face life in prison if convicted on all charges. Chin's lawyer, Stephen Weymouth, called the second-degree murder charge "a bit of an overreach."

"He feels hugely remorseful for everything that's happened — for the injuries and the deaths — but he never intended to cause harm to anybody," Weymouth said.

Other defendants, including NECC co-founder Gregory Conigliaro, were charged with a variety of lesser counts for their roles in what Ortiz called "an unprecedented national tragedy." The charges include mail fraud, racketeering, conspiracy, contempt, structuring and violations of the Food, Drug and Cosmetic Act.

About 750 people in 20 states became ill after receiving the contaminated steroids. Some of those who were sickened took some solace in the indictment. Joan Peay of Nashville, who battled meningitis in 2012 and 2013, was questioned by the FBI during the investigation.

"I am so happy," she said. "If I can't receive much money for all my pain and suffering, at least I'll be able to to see these criminals in prison."

Ortiz said the firm's most senior pharmacists knew drugs were being made in "thoroughly contaminated labs," sometimes with expired ingredients. She said technicians faked documentation to try to convince regulators that appropriate cleaning and disinfecting protocols were followed.

The indictment alleges that NECC even used fictional and celebrity names on fake prescriptions to dispense drugs. The case led to tighter regulations for compounding pharmacies, which mix custom medications for hospitals and doctors.

"Actions like the ones alleged in this case display not only a reckless disregard for health and safety regulations but also an extreme and appalling indifference to human life," Attorney General Eric Holder said in a statement. "American consumers have a right to know that their medications are safe to use, and this case proves that the Department of Justice will always stand resolute to ensure that right, to protect the American people and to hold wrongdoers accountable to the fullest extent of the law."

NECC was founded in 1998. The pharmacy, under a siege of litigation after the outbreak was discovered, gave up its license and filed for bankruptcy protection. Thousands of people have filed claims in bankruptcy court.

The indictment requires defendants to forfeit valuables including money, retirement accounts, vehicles, a boat, jewelry, luxury clocks, buildings and property that were gained through the alleged racketeering.

Contributing: Tom Wilemon, The (Nashville) Tennessean; Associated Press

In this Oct. 16, 2012 file photo a Food and Drug Administration Agent stands at the doorway of New England Compounding Center in Framingham, Mass.
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