Can I Sue NECC and the Clinic for Meningitis Linked to My Epidural Steroid Injection?

Patients who developed fungal meningitis (and some stroke) after having an epidural steroid injection are wondering if they can sue the maker of the steroid medication and the clinic where the injection was done for compensation. Depending on the facts of your case and the results of tests being done by the FDA and state health officials, you may have a case against the maker of your steroid injection.

CDC’s interim data show that all infected patients that are part of this outbreak received injection with preservative-free methylprednisolone acetate (80mg/ml) made (compounded) by the New England Compounding Center (NECC). This is epidemiological evidence that can be used to link the fungal meningitis illnesses to the NECC product.

In addition, FDA has observed fungal contamination by direct microscopic examination of foreign matter taken from a sealed vial of methylprednisolone acetate collected from NECC. FDA is in the process of conducting additional microbial testing to confirm the exact species of the fungus. You would have a good case if you were infected by the same fungus as the one the FDA is testing. For example, if you were infected with Aspergillus  or Exserohilum and the FDA finds your kind of fungus in an unopen vial, you would probably have a good case for injury or death from Aspergillus or Exserohilum meningitis against NECC. However, every case is based on the facts, so the strength of your case will be based on the specific facts of your case.

Attorney Fred Pritzker is leading our Bad Bug Law Team in an investigation of the outbreak. You can contact Fred for a free consultation here. They recently won over $40,000,000 for clients injured by another medical product, and they can help you.

To determine if the clinic or any other party can also be sued for personal injury or wrongful death caused by the contaminated steroid injections, we need to look at every company in the line of distribution from factory to syringe. In many cases we have handled, our diligent examination of the facts and law has resulted in multiple parties being sued. This benefits our clients because there is more money available to compensate them.

Our meningitis lawyers represent clients throughout the United States in personal injury and wrongful death lawsuits against manufacturers, distributors and others.

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Category: Product Liability
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