In 2012, hundreds of people became ill and 46 people died as a result of tainted medication. The problem was traced back to a compounding facility in Massachusetts that has since closed. Steroid injections given to people with back pain had been contaminated and caused a meningitis outbreak that affected patients in 20 states. Shortly after the source of the outbreak was discovered, the Massachusetts Department of Health started doing surprise health inspections at the other compounding facilities across the state. Their findings, released in February 2013, were surprising and a little scary.
Inspectors visited 37 of these specialty pharmacies and discovered deficiencies at all but four of them. That means there were issues at 33 of the companies. Of this number, 11 had violations so serious that at least parts of their operations were temporarily shut down. One company voluntarily surrendered its license, and the other 21 had more minor violations and were allowed to stay open. Officials were quick to point out that this is not a one-state issue; Massachusetts just happens to be the one state that did these inspections. Some states don't even require their compounding facilities to comply with the guidelines checked by the inspectors in Massachusetts.
While none of the problems discovered were as bad as those found at the facility that caused the outbreak, it is still good that the issues were found and will be corrected. The state has dedicated funds to pay for more routine inspections of compounding pharmacies, and hopefully other states will follow in its footsteps.
Many victims of the meningitis outbreak have filed product liability lawsuits against the now-defunct compounding pharmacy, and the families of some of the victims who died have filed wrongful death claims. But because the company is no longer in business, it is unclear how much anyone would be awarded. Some of the victims may have also filed medical malpractice claims against the medical personnel that administered the tainted injections, but it remains to be seen if any of them will be held accountable.
When someone is injured by a defective product or medical error, he can seek compensation. If the defendant is found to be at fault, a judge or jury may award a victim with money for lost wages, medical bills, pain and suffering, and mental or emotional distress. Punitive damages may also be awarded as punishment of the defendant. These types of compensation can also be awarded to a victim's estate through a wrongful death lawsuit. Many states have limits to the amount of money that can be awarded to a victim or an estate, but Kentucky currently is not one of those states. However, there is a limit to the length of time one has to file a personal injury or wrongful death lawsuit, so if you or a loved one has been injured by a defective product or medical malpractice, it is important to contact a Kentucky personal injury attorney sooner rather than later to discuss the situation
Just 4 of 37 Massachusetts compounding pharmacies passed surprise health inspections; boston.com; Kay Lazar and Chelsea Conaboy; February 5, 2013