“Who will pay the damages for the victims who received the epidural steroid injections contaminated with fungal meningitis?”, is the question I am hearing most these days, and that is a good question. With the number of cases of meningitis that we are already seeing, and the incubation period that the doctors are speaking about, there could be many more cases to come in the next few months. All of these claims could result in bankruptcy for New England Compounding Center, the pharmacy that produced the contaminated injections.
If the number of deaths and hospitalizations keeps increasing, it would be hard to imagine that the manufacturer has a large enough insurance policy to cover these damages, which could force them into bankruptcy, where victims would get pennies on the dollar.
Luckily, most states, including Virginia, have laws that allow consumers to seek damages from sellers and distributors in the supply chain of the product. In this case, that would mean that the victims may be able to sue a distributor, if there was one for these shots, and most likely will be able to sue the hospital or medical facility that provided the shot as well.
Based upon allegations in the news that the manufacturing facility already had several violations, facts may develop to show that the medical facilities that were purchasing the shots from this facility were negligent in failing to investigate the company before purchasing these sensitive products, resulting in a claim for negligence that would be available.
For right now, the medical bills will fall onto the backs of the victims themselves, and their insurance companies, which could be private or public (Medicare and Medicaid). It is truly a sad situation.
If you or a loved one has been injured or sickened by a defective product, call Paul Thomson, of The Thomson Law Firm, at (540) 777-4900. The call is free and you will talk to a lawyer about your case.
