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Suit to be filed over meningitis outbreak

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Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.

Nancy Compass received three steroid treatment shots in her spine for lower back pain in July and August at Wellspring Pain Solutions in Columbus. Since then, she has “experienced frequent, intermittent and migratory headaches, episodes of blurred vision and discomfort with lowering her chin to her chest,” according to the suit that attorneys said would be filed Friday in Bartholomew County.

New England Compounding Center, its pharmaceutical production companies and the company’s majority shareholders are named as defendants. The suit says federal health officials estimate that 17,676 potentially tainted vials of methylprednisolone acetate were sold to 75 hospitals in 23 states. The vials lacked an alcohol preservative, leaving patients subject to potential infection from a fungus that had not been eradicated, the suit says.

Thirty four cases of fungal menigitis tied to the shots have been reported in Indiana, and two deaths in the state have been attributed to the outbreak, according to the Centers for Disease Control and Prevention.

Attorney Brady Rife with McNeely Stephenson Thopy & Harrold in Shelbyville said the suit is representative of patients who received shots and have symptoms of fungal meningitis, but are in limbo because a diagnosis often cannot be immediately made. The CDC says diagnosis sometimes cannot be made until 90 days after infection.

Starr Austen & Miller LLP of Logansport also is representing Compass. The suit claims strict product liability for failure to warn and for a dangerously defective product, as well as a claim of negligence. The suit seeks unspecified damages in addition to damages for personal injuries, medical expenses, past and future suffering and emotional distress, and attorney fees.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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