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Pharmacy Executives Charged With Murder

February 4th, 2015

The case involving a Massachusetts compounding pharmacy accused of selling contaminated medicine has moved to a new phase, as two of the company’s executives have been charged with racketeering and murder.  The United States attorney’s office has charged the owner of New England Compounding Center, Inc., Barry J. Cadden, and the supervisory pharmacist for the company, Glenn A. Chin, with 25 acts of second-degree murder in seven states. Other employees were also charged with mail fraud, conspiracy, and violation of the Food, Drug and Cosmetic Act, and the family that founded the company, the Conligliaros, were accuse of transferring $33 million in assets to eight different bank accounts after the pharmacy was forced into bankruptcy.

 

The charges of murder brought against Mr. Cadden and Mr. Chin both carry a maximum sentence of life in prison, and were brought as part of the racketeering case.  The pharmacy sold contaminated medicine that is blamed for the deaths of 64 people and that sickened hundreds more with fungal meningitis in 2012.

 

Carmen Ortiz, US attorney for Massachusetts, said, “Senior N.E.C.C. pharmacists knew that, despite the filthy conditions at N.E.C.C., the drugs that they made were not properly tested for sterility.” Though the federal prosecutor’s office indicated in their statement that they were not required to prove that the senior executives “had specific intent to kill,” but that their actions showed “extreme indifference to human life.” The statement said that both Mr. Cadden and Mr. Chin “were aware that doctors would inject M.P.A. into their patients’ bodies, and that if the MP.A. was not in fact sterile, it could kill them.” M.P.A. stands for methylprednisolone acetate, an injectable steroid.

 

The government’s case against the company and its employees rests on the notion that they produced the M.P.A. in conditions that were unsanitary, and that they sold it even though they were aware that it could cause illness and death to patients. The government’s charges indicate that medications were mislabeled despite having expired and never having been tested and that the facility regularly failed cleanliness tests. The indictment points to Mr. Chin, the pharmacy supervisor, saying that he had instructed his staff to “prioritize production over cleaning and inspecting” and to “fraudulently complete cleaning logs.”

 

 
     
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Gavin P. Lentz, Esq.
Bochetto & Lentz

Gavin Lentz (right) was selected as a "Super Lawyer" for 2006-2009 and 2010-2015 in New Jersey by Philadelphia Magazine. He has also been selected as a "Super Lawyer" by Philadelphia Magazine and the Legal Intelligencer in 2004, 2005, 2006, 2007 2008, 2009, 2010, and 2011 - 2015.

On September 16, 2002 Mr. Lentz was selected as one of the top 50 lawyers in Pennsylvania by the Legal Intelligencer.

He has made many television appearances, including on Fox News, The Today Show, Inside Edition, and The Phil Donahue Show.

Mr. Lentz is a member of the American Trial Lawyers Association and the Million Dollar Advocates Forum.

As a former prosecutor, he knows how to aggressively go after large pharmacy chains to prove the facts necessary to protect your loved one's rights.

 
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