1st Circ. Backs Convictions Of NECC Execs In Meningitis Case

By Lauren Berg (September 27, 2021, 9:37 PM EDT) -- The First Circuit on Monday reinstated the convictions of two New England Compounding Center executives for defrauding the U.S. Food and Drug Administration in a case related to a deadly nationwide fungal meningitis outbreak, rejecting the pair's defense that their guilt was "legally impossible."

In a 61-page published opinion, the three-judge appellate panel sided with prosecutors, finding that the district court erred when it concluded that former NECC co-owner Gregory Conigliaro and operations director Sharon Carter could not have defrauded the FDA since the agency wasn't exercising any regulatory oversight over compounding pharmacies.

The panel said that even if the FDA...

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