First New Jersey Fungal Meningitis Patient Files Complaint Asserting Liability By New England Pharmacy Linked To U.S. Outbreak


Lawsuit questions why she received an injection after Federal recall

Bridgeton, New Jersey (November 8, 2012) – Andre Gould, 55, who has been treated for fungal meningitis linked to contaminated steroid injections, is asserting in a newly filed Complaint that her condition was caused by the negligence of the embattled New England Compounding Center (NECC) that prepared the mold-infested pain reliever. Her lawsuit is believed to be the first in New Jersey on behalf of a patient who has been treated for fungal meningitis stemming from the nationwide outbreak that has now claimed 31 lives.

Saltz, Mongeluzzi and Bendesky, PC, filed the Complaint on behalf of the Millville, NJ resident, in New Jersey Superior Court of Cumberland County. The Firm has now filed six such lawsuits and represents more than 20 other New Jersey residents who have received injections from the tainted lots, at least three of whom have or are being treated for fungal meningitis. Michael F. Barrett, Esq., says the Firm in every instance is being asked by its clients to take all necessary steps, including litigation, to hold accountable those responsible.

In the case of Mrs. Gould, the Complaint alleges that NECC pharmacy produced the fungus-laced drug by failing to follow long established, standard safety practices for a state-licensed compounding pharmacy. In addition, it asserts that she received one of her injections on September 27, 2012; one day after the Federal government recalled the steroids. Her injections were administered at South Jersey Hospital by a physician from Premier Orthopaedic and Sports Medicine Associates of Southern New Jersey, LLC. The medical practice, physician, and the hospital are named as defendants in the action.

“Mrs. Gould, who also suffers from debilitating kidney disease, experiences constant headaches, chills and continuing intense back pain associated with the tainted steroid injections,” said Mr. Barrett following the filing. “On October 18, 2012, she tested positive and her physicians immediately admitted her to the hospital, where she received antifungal medications.”

According to published reports, the New England Compounding Center, previously investigated for contaminated injections, is now under a federal criminal investigation and the Board of Pharmacy has permanently revoked its license to operate in Massachusetts. In 2007, the company settled a lawsuit that claimed that an 83-year-old man died in 2004 after contracting fatal bacterial meningitis from an injection produced and prepared in its Framingham facility. The case was settled prior to going to trial.

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Michael F. Barrett, Esq.
856-751-8383 / 215-496-8282

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