Schuette Encourages Victims of the 2012 Fungal

Meningitis Outbreak to File Claims for a portion of $40

Million Victim Fund Before December

Contact: Andrea Bitely, Megan Hawthorne; (517) 373-8060

June 28, 2017

LANSING Michigan Attorney General Bill Schuette is encouraging victims of
the 2012 multistate fungal meningitis outbreak to submit their claims to receive
part of a $40 million special victim compensation fund that helps pay for certain
out-of-pocket expenses incurred as a direct result of having received tainted
injections manufactured and distributed by Massachusetts-based New England
Compounding Center (NECC). The deadline for submitting an application form is
December 16, 2017.
No amount of money could truly compensate for the fatalities and long lasting
health challenges that resulted from this gross oversight, said Schuette.
However, I encourage any Michigan citizens who were hurt by these injections
to file a claim and secure at least some compensation for the loss they incurred.
Livingston County was one of the hardest hit areas, with a total of 15 people who
received tainted steroid injections dying as a result of the infection. Many more
were left to deal with painful and permanent side effects. In total, the outbreak
affected over 700 victims in 23 states.
The funds come from the federal Victims of Crime Act, and were granted to the
Massachusetts Attorney Generals Office for distribution by the Office for Victims
of Crime of the U.S. Department of Justice. It will offer up to $50,000 for
individuals who were catastrophically injured or died from the contaminated
injections. The money is intended to help pay for uninsured medical care and
income lost because of an inability to work. No victim has received compensation
from this settlement yet.
Filing a Claim
You are eligible to file a claim for compensation if:

You have previously been identified by the U.S. Attorneys Office or FBI as
a victim or surviving family member of a deceased victim; or
You are on the U.S. Department of Justices Victim Notification System
connected to the federal prosecution.

If you were not already identified by the U.S. Attorneys Office or FBI, or counted
by the FDA, CDC, or a state health department, you may still be eligible to file a
claim for compensation if you meet ALL of the criteria below:

Received an injection of preservative-free methylprednisolone acetate

between May 1 and October 15, 2012;
Received one of the NECC-produced lots 05212012@68, 06292012@26,
or 08102012@51; and
Developed fungal meningitis or certain other fungal infections as a result of
the injection(s).

If you believe you meet all of the criteria above, please submit an application
form to initiate a review for eligibility. However, if you are uncertain if you meet all
of the criteria, you may still submit an application to initiate a review for eligibility.
Survivors and/or dependents of a family member who meets or met the criteria
above may also file a claim for compensation to initiate a review for eligibility.
To submit an application electronically: Victims of New England Compounding
Center, Application for Compensation
To submit an application in hard-copy, you may request an application by:

Calling 617-573-5375 (toll-free 844-315-0399); or

Emailing NECCAssistance@state.ma.us

The Massachusetts Attorney Generals Office is currently building the Mass.

NECC Compensation Project within their Victim Compensation and Assistance
Division. This project aims to be more responsive to the needs and interests of
NECC victims, survivors, and their families, while complying with state and
federal rules related to Victims of Crime Compensation.
Case Background
In the fall of 2012, a multistate outbreak of fungal meningitis and other infections
was caused by the use of injections containing contaminated preservative-free
methylprednisolone acetate (MPA) manufactured and distributed by the NECC.
Across more than twenty states, at least 778 cases of diagnosed fungal
infections resulted in the death of 76 individuals. This resulted in an investigation
led by the Centers for Disease Control and Prevention, along with the Federal
Drug Administration and state health departments.
In December 2014, 14 individuals were federally indicted with 131 criminal acts in
connection to the outbreak. These include a combined 25 counts of second
degree murder in Michigan, Tennessee, Indiana, Virginia, Maryland, Florida, and
North Carolina. Their prosecution is being handled by the U.S. Attorneys Office
for the District of Massachusetts.

Michigan Action Against NECC

Soon after, Schuette acted to suspend the companys pharmacy license in the
state of Michigan on October 12, 2012, following verified reports that NECC was
responsible for this meningitis outbreak. In a formal Complaint and Order of
Summary Suspension filed with the Department of Licensing and Regulatory
Affairs (LARA), 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 Massachusetts company had only been
licensed to fill individual prescriptions for Michigan patients as a compounding
facility. NECCs license was suspended and the company was forced to cease
operations in Michigan.
On December 12, 2012, the Michigan Board of Pharmacy Disciplinary
Subcommittee formally agreed to the license 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 was reported as a disciplinary surrender to other states. The order
provides that the surrender is based on a breach of Michigans Public Health
Code, which allows the State of Michigan to deny licensure to any individual who
had a financial interest in NECC and applies for a new pharmacy license in the
future.
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