Consumer Statute May Be Key in Tenn. Meningitis Lawsuits - Articles

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Posted by: Brittany Sims on Sep 18, 2013

As victims of the fungal meningitis outbreak file lawsuits in advance of the Oct. 1 cutoff, many are counting on a consumer protection law passed by the state legislature in the 1970s to aid their cases, Nashville Public Radio reports. The statute says if a manufacturer is insolvent, then someone hurt by a product can go after the seller instead. The now-bankrupt New England Compounding Center produced and shipped the moldy steroids to pain clinics around the country -- including Nashville’s Saint Thomas Outpatient Neurosurgical Center, which administered more doses than anyone else in the state. Injury lawyer Mark Chalos says the clinic essentially acted as a seller under consumer statutes. The clinic’s lawyer – C.J. Gideon – contends that his client doesn’t sell anything; it provides services.  As many as 150 lawsuits are expected in Tennessee; more than three dozen were filed just yesterday, the Tennessean reports.