Owner of meningitis-linked pharmacy takes Fifth

Posted: Published on November 16th, 2012

This post was added by Dr P. Richardson

WASHINGTON (AP) The owner and director of the specialty pharmacy tied to a deadly meningitis outbreak declined to testify Wednesday morning before a congressional committee investigating the matter.

Barry Cadden, co-founder of the New England Compound Center, told lawmakers he would use his Fifth Amendment right to not answer questions in order to avoid self-incrimination.

After repeated questioning by House lawmakers, Cadden told the House Energy and Commerce Committee: "Under advice of counsel, I respectfully decline to answer under basis of my constitutional rights and privileges, including the Fifth Amendment."

Lawmakers continued to ask Cadden questions about the contamination that has sickened nearly 440 people and caused 32 deaths.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak. Fungal meningitis causes inflammation of the lining of the brain and spinal cord.

Inspections last month by state and federal officials found a host of potential contaminants at NECC's facility, including standing water, mold and water droplets. Compounded drugs are supposed to be prepared in temperature-controlled clean rooms to maintain sterility.

Cadden appeared immediately after the widow of a longtime Kentucky judge, who was the first confirmed victim of the outbreak.

Speaking without notes, Joyce Lovelace told lawmakers of more than 50 years of marriage to 78-year-old Eddie C. Lovelace, who was a circuit judge until he died Sept. 17 at Vanderbilt University Medical Center.

She asked lawmakers to implement laws to police companies like the New England Compounding Center, which distributed steroids that tested positive for contamination.

"My family is bitter, we are angry, we are heartbroken and devastated. I come here begging you to do something about the matter."

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Owner of meningitis-linked pharmacy takes Fifth

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