Recent Meningitis Outbreak in MA –Legal Advice for Meningitis

Meningitis is an unpleasant inflammation of the delicate membranes that surround the brain and spinal cord. The severity of Meningitis is caused by its attack on the brain and the spinal cord. Its uncomfortable symptoms include fevers, chills, nausea, stiff neck, sensitivity to light, changes in mental status, agitation, or rapid breathing. Whether it’s bacterial, viral, or fungal Meningitis, its effects can sometimes be fatal.  Meningitis starts in other areas of the body such as the ears, sinuses, or upper respiratory tract and spreads to the spine and/or brain.

Recently in Framingham, Massachusetts, a pharmacy distributed contaminated steroids, leading to a Meningitis outbreak. This outbreak is a rare form of fungal Meningitis that leads to serious infections causing long-lasting injuries or even death. The victims of this fungal Meningitis outbreak have a solid opportunity to fight back legally. A company’s negligence to its products is unethical and dangerous. As a manufacturer, distributing contaminated products is a, “breach of promise,” you warranty to consumers. The victim of a Meningitis contaminated product can fight back legally. The following article from Sugarman.com explains this fungal Meningitis outbreak and the legal route for victims to take.

Legal Rights of Victims of the Recent Meningitis Outbreak from Injectable Steroids Sold by Framingham Pharmacy

In the past few days, it has been reported that dozens of people have been infected with a rare form of meningitis from contaminated steroids made and distributed by a pharmacy in Framingham, Massachusetts. Those same reports indicate that, unfortunately, we can expect to see more victims.

Federal investigators have found that the steroids at issue contained a “fungal contaminant.” While the steroids have been recalled by the company, and the recall appears to be growing, the drugs were apparently distributed to dozens of facilities in over 20 states. The contaminated steroids appear to be particularly dangerous because they are injected into the lower back, which may serve as a conduit for meningitis, an infection of the membrane that surrounds the brain and spinal cord. The disease can result in serious illness, long-lasting injuries, and death. Five deaths have already been linked to the contaminated steroids, with many more infected.

Victims of contaminated drug products like these steroids have numerous possible avenues of legal recourse, including claims for negligence and products liability. The two kinds of claims are similar, but have important differences. A negligence claim requires a showing that the maker and/or distributor of the drug was careless in some fashion, thereby allowing a contaminated product to hit the market.
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Even if carelessness and negligence cannot be shown, there may still be a strong claim for recovery. In many jurisdictions, including Massachusetts, the mere selling of a defective product, or a product containing unexpected ingredients that cause harm, will establish liability on the part of the maker or seller of the product. The theory behind this law is that a person selling any product must ensure that the product is fit for its intended use and not unreasonably dangerous. The focus of this kind of claim is a breach of a promise, or warranty, by the maker and seller that a product is safe. It almost goes without saying that the seller of a product with potentially deadly contaminants has breached that warranty, or promise.

Injury or death from a contaminated product, particularly a drug that has every indication to the consumer of being safe and sterile, is shocking and unfathomable. The law can do little to erase the tragedy. Particularly in this area, however, the law has strong protections for people who have been affected. They can and should seek legal recourse.

This particular fungal Meningitis outbreak is severe due to where the drug is injected. The steroid is injected into the lower back where Meningitis is most vicious. This allows the fungal Meningitis to spread to the brain easily. The effects from Meningitis are seriously detrimental to a person’s health. This particular fungal Meningitis outbreak has already led to five deaths.

If you are affected by this Meningitis outbreak, know you have a legal opportunity to fight back. Death by a contaminated product is an extreme wrong doing by a company. There is an abundance of routes for legal recourse in this fungal Meningitis outbreak. The law cannot fix the Meningitis outbreak itself, but it can restore justice for victims.

If you have or know someone who has been affected by any type of Meningitis outbreak, please contact the Meningitis attorneys at Bander, Bander, & Alves. We will be more than happy to guide you in the right direction when dealing with Meningitis.