Schuette seeks grand jury for meningitis outbreak probe
This is Schuette's press release issued today:
LANSING- Attorney General Bill Schuette today announced the
he has filed a petition with the Michigan Court of Appeals requesting a
multi-county grand jury be convened to investigate whether New England
Compounding Center (NECC), a Massachusetts company linked to the recent
meningitis outbreak, broke any state laws when it distributed tainted steroid
injections to patients at clinics in four Michigan counties.
Michigan leads the nation in patients affected by the
outbreak, with 259 infections and 14 deaths recorded by the Centers for Disease
Control and Prevention.
“Hundreds
of Michigan citizens and their families have endured terrible pain and deaths
of loved ones suffering from illnesses caused by these tainted steroid
injections,” said Schuette. “This investigation is necessary uncover the
truth as to how this unspeakable tragedy happened and to restore public faith
in our healthcare system.”
“We
will discover what went wrong, bring bad actors to justice, and then work to
implement new protections to ensure tragedies like this never happen again.”
Today
Schuette filed a formal petition to request a grand jury investigation of NECC
with the Michigan Court of Appeals. The Court will review the petition
and determine whether to appoint a Circuit Court Judge to lead a confidential
grand jury investigation. Following a review of the evidence, the grand
jury can decide whether to issue criminal indictments. Grand juries are
one of the strongest investigative entities in state law, holding the power to
compel testimony under oath.
On
October 12, 2012, following verified reports that NECC was responsible for the
meningitis outbreak, Schuette acted to suspend the company’s pharmacy license
in the State of Michigan. In a formal Complaint and Order of Summary
Suspension filed with the Department of Licensing and Regulatory Affairs,
Schuette alleged that NECC acted as a “drug manufacturer” – not a compounding
facility – by distributing large amounts of medication to various hospitals and
clinics in Michigan. The company had only been licensed to fill individual
prescriptions for Michigan patients as a compounding facility. NECC’s
license was suspended and the company was forced to cease operations in
Michigan.
On
December 12, 2013, the Michigan Board of Pharmacy Disciplinary
Subcommittee formally agreed to the surrender and NECC voluntarily
surrendered their Michigan pharmacy and controlled substance licenses. As
a result, NECC can no longer do business in the State of Michigan, and its
surrender will be reported as a disciplinary surrender to other states.
Because the order provides that the surrender is based on a breach of
Michigan’s Public Health Code, the State of Michigan can deny licensure to any
individual who had a financial interest in NECC and applies for a new pharmacy
license in the future.
As
of March 25, 2013, the Centers for Disease Control and Prevention (CDC) report
259 Michigan citizens have been infected and 14 have died. Michigan leads the
nation in number of infections, and ties one other state for the highest number
of patient deaths. The CDC records Tennessee with 150 infections
and 14 deaths. The latest CDC reports can be viewed online: http://www.cdc.gov/hai/outbreaks/meningitis-map.html.
On October 6, 2012, NECC
issued a recall of all its products currently in circulation that were
produced and distributed from its facility in Framingham, Massachusetts.
More information about the recall, including a list of affected medications can
be found here: http://www.neccrx.com.
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