A Salem man who claims headaches, neck ache and slurred speech from fungal meningitis caused by a contaminated steroid injection is the first to file suit in Virginia against a Massachusetts pharmacy that allegedly prepared the injection.
Basil Proffitt was injected with the steroid Sept. 12 at a Roanoke imaging center, according to his lawsuit. The suit was filed Wednesday in Roanoke Circuit Court seeking $5 million from the New England Compounding Center.
Proffitt is represented by Will Moody of Portsmouth. Courtney Church, director of mass torts at the Moody Law Firm, said another suit alleging damages from fungal meningitis is set to be filed in Roanoke. Other suits may be in the works. “The exact number is not known at this time,” Church said.
The suit, citing CDC figures, alleges at least 233 people have been confirmed to have developed fungal meningitis from injections prepared by NECC, with fifteen reported deaths.
The lawsuit includes counts alleging strict liability for an unreasonably dangerous product, negligence, and breach of express and implied warranties.
UPDATE: A second lawsuit has been filed, reports The Roanoke Times.