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Meningitis victims tell Mass. judge: Freeze assets

Associated Press Modified: November 20, 2012 at 4:47 pm •  Published: November 20, 2012

Lawyers for NECC, Ameridose and company executives argued that freezing assets would be a radical move so soon after the lawsuits were filed, when allegations against the pharmacy haven't been proved.

"They have not put any evidence in," NECC lawyer Alan Winchester said.

Winchester said the company is still operating, with a core group of employees working on the recall of its products.

He said Erkan says in an affidavit filed with her lawsuit that she received her steroid in November 2011, long before batches of steroids from NECC were recalled. He also said Erkan says she had meningitis but doesn't specify that it was fungal meningitis, the illness caused by the contaminated steroids.

Winchester also said there's no indication any of the company principals has done any inappropriate spending and there's no need to freeze their assets.

A lawyer for Ameridose said it is a separate business entity with a separate product line.

The judge didn't immediately rule on the request to freeze assets. He said the Erkan and Cole complaints are among 12 lawsuits he's handling.