Meningitis cases against New England Compounding Center, sent back to Massachusetts Court
The Tennessee Meningitis Litigation continues. As it does so, we have also been staying on top of litigation in surrounding states. According to information about two cases, having the cases back in the state court will give the clients involved in the lawsuits a clear advantage. According to state court rules unlike federal court rules, discovery will begin immediately which should answer some critical questions, including the amount of insurance coverage the compounding firm has. Attorneys involved in these cases including those in Tennessee have stated that the amount of insurance coverage the drug firm has will be critical in the awarding of any potential damages.
According to state and federal officials, the New England Compounding Center is responsible for distributing a spinal steroid that has resulted in thirty-six deaths including thirteen in Tennessee and sickened hundreds of other people.
In another development, lawyers for some of the plaintiffs in pending Massachusetts cases have reached a tentative agreement on an inspection of the drug compounding firm’s facilities. In a decision issued on Tuesday, December 11, 2012, U.S. District Judge F. Dennis Saylor 4th concluded that the issues in the two cases did not raise sufficient questions of federal law to justify a transfer to federal court. The cases were originally filed in Middlesex Superior Court but then moved to federal court at the request of the compounding firm’s lawyers. This ruling will not have any immediate impact on other cases in Tennessee that were transferred from circuit court in Nashville to the U.S. District court in Massachusetts. Different rules will apply because the cases were filed in Tennessee against a company in another state.
As more people across the country and even Tennessee residents continue to be affected by this outbreak, it is important that if you are someone you love has been sickened by this illness, that you contact one of our compassionate and experienced Tennessee medical malpractice and personal injury attorneys as soon as possible. We care about our clients and will work with you to make sure you receive the compensation you need for what you have suffered.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
