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updated: 11/14/2012 11:43 AM

Owner of meningitis-linked pharmacy takes Fifth

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  • New England Compounding Center President, co-owner, and Director of Pharmacy Barry Cadden declines to testify on Capitol Hill in Washington, Wednesday, Nov. 14, 2012, before the House Energy subcommittee on Oversight and Investigations hearing on the Fungal Meningitis Outbreak. Cadden did not testify and chose to take the fifth amendment.

      New England Compounding Center President, co-owner, and Director of Pharmacy Barry Cadden declines to testify on Capitol Hill in Washington, Wednesday, Nov. 14, 2012, before the House Energy subcommittee on Oversight and Investigations hearing on the Fungal Meningitis Outbreak. Cadden did not testify and chose to take the fifth amendment.
    Associated Press

 
Associated Press

WASHINGTON -- The owner and director of the specialty pharmacy tied to a deadly meningitis outbreak declined to testify Wednesday morning before a congressional committee investigating the matter.

Barry Cadden, co-founder of the New England Compound Center, told lawmakers he would use his Fifth Amendment right to not answer questions in order to avoid self-incrimination.

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After repeated questioning by House lawmakers, Cadden told the House Energy and Commerce Committee: "Under advice of counsel, I respectfully decline to answer under basis of my constitutional rights and privileges, including the Fifth Amendment."

Lawmakers continued to ask Cadden questions about the contamination that has sickened nearly 440 people and caused 32 deaths.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak. Fungal meningitis causes inflammation of the lining of the brain and spinal cord.

Inspections last month by state and federal officials found a host of potential contaminants at NECC's facility, including standing water, mold and water droplets. Compounded drugs are supposed to be prepared in temperature-controlled clean rooms to maintain sterility.

Cadden appeared immediately after the widow of a longtime Kentucky judge, who was the first confirmed victim of the outbreak.

Speaking without notes, Joyce Lovelace told lawmakers of more than 50 years of marriage to 78-year-old Eddie C. Lovelace, who was a circuit judge until he died Sept. 17 at Vanderbilt University Medical Center.

She asked lawmakers to implement laws to police companies like the New England Compounding Center, which distributed steroids that tested positive for contamination.

"My family is bitter, we are angry, we are heartbroken and devastated. I come here begging you to do something about the matter."

Compounding pharmacies traditionally fill special orders placed by doctors for individual patients, turning out a small number of customized formulas each week. They are typically overseen by state pharmacy boards, though the Food and Drug Administration occasionally steps in when major problems arise. Some pharmacies have grown into much larger businesses in the last 20 years, supplying bulk orders of medicines to hospitals that need a steady supply of drugs on hand.

The Commissioner of the FDA asked the committee to draft new laws and provide more funding to police large specialty pharmacies like the one at the center of a deadly meningitis outbreak.

"In light of growing evidence of threats to the public health, the administration urges Congress to strengthen standards for nontraditional compounding," Hamburg told lawmakers.

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