15 New Suits Over Tainted Steroids Target New Jersey Clinic

Litigation filed in a New Jersey Federal District Court has opened a new chapter in multi-district litigation involving the New England Compounding Center (NECC).

In 2012, NECC was found to have produced contaminated medications that led to a nationwide meningitis outbreak, killing 64 people.  The company was shuttered by the FDA and is now bankrupt.

Now fifteen New Jersey lawsuits clam that a clinic, Premier Orthopedic and Sports Medicine Associates of Vineland, NJ, and two of its doctors, Kimberley Smith and Thomas Dwyer, gave patients medications that came from NECC.  According to the allegations, the defendants were negligent and failed to exercise reasonable care in ensuring that the drugs were not contaminated.  The litigation also names officers of NECC as defendants.

Because NECC products were cheaper, the suits say, the defendants preferred them to drugs from more established brands.  The clinic and its physicians allegedly obtained drugs from NECC using names of fictitious patients or patients no longer receiving treatment.  After injecting patients with the NECC drugs, they often indicated on medical reports that the drugs came from other manufacturers.

The suits include a lengthy list of counts, including battery, lack of informed consent, negligence, negligent supervision, and products liability.  They also allege civil conspiracy and violation of New Jersey and Massachusetts consumer protection laws.

The new filings mean that there are now 45 New Jersey cases related to the NECC scandal.  The Judicial Panel for Multidistrict Litigation, which is consolidating cases in the District of Massachusetts for joint pretrial proceedings, currently has about 300 cases to which these will, most likely, be added.

Tainted medications and other mass torts have far-reaching impact, touching the lives of plaintiffs in many states.  If you have been injured by negligently manufactured drugs, medical devices, or any other products, you need expert counsel to navigate the complexities of products liability class action litigation.

The Essex County, New Jersey law firm of Nagel Rice has successfully handled a wide variety of products liability, personal injury, and malpractice cases.  For a consultation, contact us at (973)618-0400 or (212)551-1465.

Posted in: Products Liability