In December 2014, as a result of events that occurred at the New England Compounding Center (NECC), the named defendants in the case of the United States v. Barry J. Cadden, et al were charged with racketeering, conspiracy to defraud the government, mail and wire fraud, criminal contempt, violations of the Food, Drug and Cosmetics Act, and predicated acts of second-degree murder as a result of the deaths of patients in Florida, Indiana, Maryland, Michigan, North Carolina, Tennessee and Virginia. Consequently, Congress allocated funds to be distributed to these victims through the Office for Victims of Crime at the U.S. Department of Justice. The Massachusetts Victim Compensation & Assistance Program is the designated program to compensate victims of this crime.
Massachusetts Victims of Violent Crime Compensation
Violent crime impacts every aspect of a person’s life. The resulting physical and psychological injuries can affect a person’s ability to work, to attend school, and to meet their own individual goals and aspirations. Victims may also require treatment to address the injuries caused by the violent acts of another. The monetary expenses incurred should not serve to further victimize those who are affected by violent crime.
The Massachusetts Attorney General’s Office is committed to empowering crime victims and providing them with the tools and support they need to begin the healing process. Our Victim Compensation and Assistance Division is one resource that works diligently to make this happen. We are able to provide financial assistance to eligible victims of violent crime for uninsured medical and dental care, mental health counseling, funeral and burial costs, and income lost due to the inability to work.
In the NECC case, the Victim Compensation and Assistance Division will assist victims of crime with expenses up to a maximum of $25,000 per crime. In cases where the victim has been catastrophically injured or has died as a result of the injections, the division can assist with uninsured, compensable expenses up to $50,000. Our experienced staff will assist victims in understanding their rights as a crime victim, determining what expenses may be eligible for compensation, and assessing what other resources are available.
Please note that victim compensation funds are funds of last resort and are to be awarded only after all other forms of assistance have been exhausted.
Who is eligible as a result of the tainted injections?
Eligible parties must have been previously identified as a victim or surviving family member of a deceased victim by the Federal Bureau of Investigation or the United States Attorney’s Office, District of Massachusetts.
What expenses are covered?
To the extent insurance or other funds do not cover your expenses, you may be eligible to be reimbursed for:
- Medical and dental expenses (including equipment, supplies and medications);
- Counseling expenses (for victims and family members of homicide victims)
- Funeral/burial costs (limits apply);
- Lost wages (for victims only);
- Loss of financial support (for dependents of homicide victims);
- Replacement Homemaker expenses;
- Ancillary funeral/burial.
What expenses are not covered?
- Property losses, compensation for pain and suffering, and all other losses.
- Please note that the Victims Compensation program is not a legal recovery for injuries or wrongful death. Instead it is a program funded thorough the Office of Victims of Crime and eligible claimants receive compensation for their out of pocket, uninsured crime related expenses (as noted above) in accordance with the Massachusetts Victim Compensation Program governing statute and regulations.
How can I apply to receive compensation for my expenses as a result of this crime?
The Attorney General’s Office is developing a specific division within the office to handle all claims filed by victims of NECC.
In the meantime, you can review and complete the online application: Victims of New England Compounding Center Request for Assistance .
As a reminder, only those previously identified as a victim or surviving family member of a deceased victim by the Federal Bureau of Investigation or the United States Attorney’s Office, District of Massachusetts are eligible. Our office will not be evaluating applications for eligibility.
Once the application has been completed and submitted, it will take several months for the division to be able to consider compensation for eligible expenses.
What happens until then?
- Ensure eligibility for compensation by contacting the US Attorney’s Office, District of Massachusetts (if you suffered an injury as a result of the injections) to ensure that you or your loved one has been identified as a victim who received the tainted injection from the lots identified by the Centers for Disease Control and Prevention;
- Contact their attorneys or legal representatives to complete and submit an application if you are unable or are working with a legal representative; and
- Gather copies of receipts or bills of your crime related, compensable expenses.
Please check this webpage periodically for any updates or additional information concerning the compensation of your expenses.