Bluefield Daily Telegraph, Bluefield, WV

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February 5, 2013

Lawsuits mount after meningitis outbreak

— TRAVERSE CITY, Mich. — Two northern Michigan women who became seriously ill from contaminated steroid shots are suing the drug's manufacturer, and 34 other area residents are preparing similar lawsuits, according to their attorneys.

Phyllis Briggs, of Interlochen, and Barbara Ann Smoot, of Honor, are the latest to sue New England Compounding Center and others after a national outbreak of fungal meningitis that sickened nearly 700 people and lead to 45 deaths, according to the Centers for Disease Control and Prevention. The Framingham, Mass., pharmacy that is blamed for marketing the contaminated steroid shots filed for bankruptcy in December.

Briggs received two tainted injections in June and September 2012 at Neuromuscular & Rehabilitation Associates in Traverse City, according to court records and interviews with attorneys. She later was diagnosed with a fungal infection and spent six days in a hospital intensive care unit, court records state.

Smoot received a steroid shot in her lower back from the same clinic in August. She suffered severe back pain, was rushed to the hospital, and endured multiple surgeries. She eventually was placed in a convalescent home.

"They were seriously injured," said local attorney Mark Dancer, who along with attorney Dan Meyers represents the women. The attorneys said more cases are coming on behalf of multiple residents of the Grand Traverse region who received tainted injections.

"We have 34 different plaintiffs, and so far we've only filed suit on behalf of two of them," Dancer said. "There are different levels of injury and damages. Some of them were hospitalized for many days."

The women's lawsuits are among hundreds filed nationwide as a result of the contaminated injections. Potential claims against the pharmacy are estimated in the hundreds of millions of dollars. The company has said it plans to create a fund for victims as part of its bankruptcy process.

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