What You Need To Know About Your Fungal Meningitis Case
Who is legally responsible for the fungal meningitis outbreak?
One obvious entity that may face legal responsibility is the facility that compounded the steroid injections that the patients received for pain, the New England Compounding Center (“NECC”). If Tennessee law applies, and if the steroid was contaminated during the compounding process, NECC will face liability under Tennessee product liability law. Under this law, product manufacturers face liability for selling products that are defective or unreasonably dangerous. Here, it would certainly appear that, if a manufacturer sold a substance that is contaminated with something that can cause serious injuries or death, it has sold both a defective and unreasonably dangerous product.
So, if the evidence shows that NECC was the compounding pharmacy, sold the product into the stream of commerce, and the fungal contamination occurred during the compounding process, it may face liability under Tennessee law.
Also, the doctor and/or health care facility involved in administering the injection might have responsibility. This will, to a great degree, depend upon the facts of the case. For example, did they correctly store the product after it was purchased, was there anything about the product that should have indicated to the doctor or health care facility that it was contaminated or posed another risk to the patients, did they properly inject the product, and did they continue using the contaminated product after they knew or should have known it might be contaminated?
The doctor and/or health care facility might also face liability under Tennessee’s product liability law as a seller of the product. The tort reform laws passed by the Tennessee legislature and signed by Governor Haslam in 2011 have limited the situations in which a seller can be liable, but this could very well end up falling within one of the exceptions where liability is allowed when the manufacturer of the product is or becomes insolvent. That might be a very real possibility in a situation like this where there are multiple victims.
Will Tennesseans be able to fully recover from those responsible for their injuries?
In Tennessee, victims can recover two types of damages to compensate them for their injuries: economic and non-economic damages. Economic damages are things like medical bills and lost income.
The second type is non-economic damages. These are things like pain and suffering, and loss of enjoyment in life. In other words, these are the “intangible” things that really matter in life, but which on which you cannot set a price. You cannot go to the store and say “how much does the ability to enjoy life without the lingering effects of meningitis cost?” The spouse of the victim, likewise, might be able to recover for “loss of consortium.”
Punitive damages may be assessed and are intended to punish a defendant that acts in a reckless, malicious, intentional or fraudulent manner. Not only is this to punish them for their wrongful acts, it is also intended to help prevent them from acting in that manner in the future and therefore protect others from experiencing similar harm.
If you or a loved one has been infected with fungal meningitis by receiving a steroid shot containing the contaminated steroid, you will need to speak to a qualified attorney who can help you navigate your way through this crisis while protecting your rights and your recovery. Please contact us at Keith Williams Law Group for a free consultation about your case.
If you, a family member or other loved one has been the victim of a dangerous or defective product or machine, you need an experienced medical product liability lawyer. Please call or click to speak directly with an attorney with The Williams Law Group. We can help!
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