Monday, November 19, 2012

Hagens Berman: Judge to Weigh Request to Freeze Personal Assets of Owners of NECC on Tuesday


Boston--(BUSINESS WIRE)--Nov. 19, 2012-- A federal judge ordered an expedited hearing on meningitis victims' motion to freeze at least $461 million worth of assets belonging to New England Compounding Company (NECC), Ameridose, Medical Sales Management, and the owners and employees of those companies.
Judge Frank Dennis Saylor IV of the U.S. District Court for the District of Massachusetts will hear arguments tomorrow at 11:30 a.m. about whether the court should grant an injunction which would preserve the defendants' assets on behalf of those who were injured or died after receiving tainted medication produced by NECC, according to court records.
The plaintiffs will ask the court for an injunction to prevent New England Compounding Center (NECC) and its owners and other defendants from concealing or transferring assets to avoid liability for the national meningitis outbreak allegedly triggered by drugs compounded and distributed by the company.
NECC was co-founded by Gregory Conigliaro and Barry Cadden and according to filed lawsuits, employ other family members including Lisa Conigliaro Cadden, Dr. Douglas Conigliaro, Barry's brother and sister.
“There are so many unknowns in this case that we need to take this step to safeguard our clients' interests and the interests of the hundreds of people we believe were injured by the negligence of NECC and its owners,” said Thomas Sobol, attorney for the plaintiffs and managing partner of the Boston office of Hagens Berman Sobol Shapiro. “We think that the defendants' past behavior calls into question their ability to act in good faith. And we have serious concerns about the financial viability of any of the defendants.”
The plaintiffs filed lawsuits in the U.S. District Court for the District of Massachusetts alleging that they developed meningitis after exposure to epidural injections compounded by NECC. They have since amended their complaints to seek a constructive trust for the benefit of all injured victims.
The judge has granted the plaintiffs' request for an expedited hearing to decide whether to issue the injunction, which is scheduled for tomorrow, Nov. 20, 2012, at 11:30 a.m. in federal court in Boston.
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