Recent reports have brought light to significant injuries caused by steroid injections which resulted in fungal meningitis. Injured victims should know their rights and take steps to avoid exposure for injuries. Our attorneys at Downtown L.A. Law have expressed interest in taking such cases and have consulted with injured parties on the subject. Senior partner Farid Yaghoubtil discusses the outbreak of fungal meningitis, liability for New England Compound
and how you should proceed.
What are your thoughts on this outbreak?
It is sad to see and hear about. It has been reported that over 10,000 injections have been administered and there is no way to determine how are tainted or can cause meningitis. The anxiety that plaintiffs feel is incalculable. Could you imagine living with the fear of contracting fungal meningitis? Coupled with fearing for your life? I personally feel that New England Compound should come forward admit fault and accept responsibility for the injuries suffered.
Steroid injections are a common procedure. In fact thousands of patients receive them annually in order to deal with their back pain. Many of these unsuspecting patients are now forced to deal with the fear and pain of this disease. In some cases family members, loved ones, friends and husbands have died as a result of exposure. It is an American tragedy, which should have been avoided and could have been avoided.
Additionally, many patients are unable to work, or have racked up significant hospital bills. This should not be the responsibility of the plaintiff. Just and prompt compensation should be offered for the victims and their families.
Who is liable?
Liability is clear, the New England Compounding Center
(NECC) is responsible. Much like any drug manufacturer
NECC is responsible for injuries sustained from the manufacture sale and distribution of toxic pharmaceuticals. Since NECC is involved in the compounding process they may be considered the manufacturer of the product. As a result they would be liable. There are multiple theories of liability, but the most common would be a product liability claim or medication error claim. Particularly under a manufacturing failure.
Can you tell us what the clients you are currently speaking with are feeling?
I cannot speak about this. But many are afraid, paranoid and ultimately scared for their life. They hear multiple news reports about the deaths that occur and because they are suffering from symptoms it only compounds their fears. Again, I cannot stress the psychological and physical impact of this type of injury.
Do parties who have lost a loved one have a claim?
Generally the law permits those who have lost a loved one to file a wrongful death lawsuit
on their behalf. Generally this is considered a wrongful death lawsuit. Read more about wrongful death causes of action here
. California law permits wrongful death lawsuits so long as you are the next of kin i.e. spouse, child, parent or blood relative. Or if you are designated or permitted to do so by the estate of the deceased. Should you have tragically lost a loved one you would be permitted to file a wrongful death lawsuit for injuries.
What about Michigan plaintiffs, we here they are barred from filing a lawsuit is this true?
Technically Michigan law does not permit filing a lawsuit against a drug manufacturer unless they deceived the FDA. However, there does seem to be a way to work around this issue. If you are a resident of the state of Michigan consider contacting our offices for a free consultation. While money will never be a substitute for pain and suffering it does provide a certain level of comfort to know your expenses are taken care of.
Do you think there will be a class action lawsuit filed?
Unfortunately it is likely that someone will file a class action lawsuit. However you should be very cautious about joining this type of class. Why? Because any recovery awarded will be divided between class members and you will ultimately lose out on valuable rights. Therefore, in the event that a class action is offered consider opting out of the class. It is simple to do and often times your attorney can send the necessary paper work to do so.
Is there anything else you would like to say?
At this time all we can do is wait and see what happens. I strongly recommend that if you have been injured, seek medical attention if you are experiencing symptoms. You may also feel free to contact our offices for a free consultation. We have dedicated a 24-hour legal help
line for these types of injuries and you can contact us at (855) 339-8879
About our Law Firm
: The Downtown LA Law Group is a California based National Personal Injury Law Firm renowned for representing victims of pharmaceutical malpractice and defective drug manufacturing in the states of Michigan, Indiana, Ohio, Tennessee, Indiana, Ohio, Maryland, Virgina, Florida, and North Carolina.