Clients of BWMK’s Elizabeth Kaveny File for $100 Million NECC Victim Compensation Fund and Others Urged to File Immediately Before January 15, 2014 Deadline

For Immediate Release

Chicago (Jan. 9, 2014)

Elizabeth (Beth) Kaveny, name partner in noted Chicago personal injury law firm Burke Wise Morrissey Kaveny (BWMK) discusses the sequence of events surrounding 2012 fungal meningitis outbreak traced to New England Compounding Center (NECC), it's effect on her clients and urges other victims to consider filing for compensation from the $100 million victim and creditor fund established by NECC's insurers and its bankruptcy trustee. The U.S. Bankruptcy Court for the Eastern District of Massachusetts has set 4:00 EST on Wednesday, January 15, 2014 as the deadline for submitting proofs of claim against the fund as part of the NECC bankruptcy proceeding.

Beth Kaveny was one of the first attorneys in the country to file suit against NECC on behalf of a number of people in Michigan (the state hit hardest by the outbreak) who were victims in the outbreak of fungal meningitis traced to contaminated steroid injections produced by the company – creating a major product liability crisis involving this widely used medical product. "NECC's disregard for the safety of patients is unforgivable," Ms. Kaveny said in an interview with NBC News in connection with her cases, which were transferred to Multidistrict Litigation against NECC. "That extends to its officers, directors and employees. These individuals intentionally allowed filthy conditions and contamination to occur, creating a danger that NECC chose to expose to innocent people." Ms. Kaveny's clients are among those entitled to compensation from the NECC victim fund.

According to the Centers for Disease Control and Prevention (CDC), more than 750 people were stricken and 64 people died in the 20-state fungal meningitis outbreak. The outbreak was first reported on September 18, 2012, and ultimately was traced to contaminated product shipped by NECC as early as May 2012. By October 6, 2012 NECC began a product recall for the injections it had shipped, but ultimately the CDC and other governmental authorities had to notify more than 13,500 people that they potentially were at risk from the contaminated products. NECC filed for Chapter 11 bankruptcy in December 2012. In January 2013 U.S. Bankruptcy Judge Henry Boroff froze the assets of NECC and its owners, and multidistrict litigation was consolidated in February 2013.

In November 2013 President Obama signed new legislation that subjects large compounding operations such as NECC to direct federal regulation by the Food and Drug Administration (FDA), rather than by state pharmacy boards that have previously overseen these companies. It also sets minimum standards for ingredients used by all compounding pharmacies. Beth Kaveny has spoken out strongly in favor of such FDA regulation of large compounding pharmacies. "We should not forget that sadly it is only on the death and suffering of my clients that we all will benefit from higher scrutiny forced upon the FDA," Ms. Kaveny has stated. She has also emphasized why such regulation is necessary, pointing out that "the 'F in the FDA's name should also remind us that it is an arm of the federal government, and that the government must step up to its responsibility to ensure that such a disaster does not happen again."

The NECC victim compensation pool will be funded by cash contributions from the owners of NECC as well as proceeds from, among other things, insurance, tax refunds and proceeds from the sale of a related business. The Bankruptcy Court has been asked to confirm a plan containing the terms of the settlement agreement creating the compensation fund.

"Establishing the NECC victim compensation fund is an important step in seeing that justice is done for all victims including my clients," Ms Kaveny said. "I urge anyone with a potential claim to follow the necessary steps to help ensure that they receive the compensation they're entitled to for the pain and suffering they endured as the result of NECC's negligence."

Anyone still interested in filing a claim should contact Beth Kaveny or her associate, David Rashid, ASAP. Call Beth or David at 312-5802040. Email Beth at [email protected], or email David at [email protected]

Ms. Kaveny during her professional career has obtained numerous verdicts and settlements of plaintiff personal injury and professional malpractice actions, each in excess of $1 million and some at more than $10 million. She is widely respected for her success at securing just compensation for her clients in such complex, medically related matters as misdiagnosis and failure to diagnose and has been recognized by Illinois Leading Lawyers Network and Illinois Super Lawyers as one of the state's top personal injury attorneys. She was most recently recognized by selection as one of the "Top Women Attorneys in Illinois" by Thomson Reuters and Chicago Magazine in October 2013, and featured among the rising stars in the Chicago personal injury bar by Crain's Chicago Business in September 2013.

About Burke Wise Morrissey Kaveny

Burke Wise Morrissey Kaveny, Chicago based plaintiff personal injury firm, has for nearly 20 years represented victims of negligence and their families in a wide range of liability litigation. The firm's broad knowledge, and extensive trial and mediation experience, have been instrumental in verdicts and settlements for clients valued in the hundreds of millions of dollars, including over $60 million dollars in 2013 and over $800 million in the past decade.

Attorney Contact: Elizabeth Kaveny, [email protected], 312-580-2040

Media Contact: Denise M. Henderson; [email protected] 312-848-0067