Updated March 2017

In the fall of 2012, the Centers for Disease Control and Prevention, along with the Federal Drug Administration and state health departments, investigated a multi-state outbreak of fungal meningitis and other infections caused by injections of contaminated preservative-free methylprednisolone acetate (MPA) manufactured and distributed by the New England Compounding Center (NECC). Hundreds of people were affected in more than twenty states; more than 70 people died.

In December 2014, fourteen individuals were federally indicted in connection to the outbreak. The prosecution of these federal criminal cases is being handled by the U.S. Attorney’s Office for the District of Massachusetts.

In the fall of 2016, the Office for Victims of Crime of the U.S. Department of Justice granted federal Victims of Crime Act funds to the Massachusetts Attorney General’s Office to help victims and survivors of NECC recover certain out-of-pocket expenses incurred as a direct result of having received the tainted injections. The Victim Compensation & Assistance Division of the Attorney General’s Office is building the Mass. NECC Victim Compensation Project to be as responsive as possible to the needs and interests of NECC victims, survivors, and their families, and at the same time in compliance with state and federal rules related to Victims of Crime Compensation.

We respectfully ask for your patience as we build and staff the program and will update this site with new developments as they arise. In the meantime, please see the information below.

Deadline for submitting an application form: December 16, 2017

To submit an application electronically: Victims of New England Compounding Center, Application for Compensation.

To submit an application in hard-copy, you may request an application by:

Am I eligible to file a claim for compensation?

  • If you have previously been identified by the U.S. Attorney’s Office or FBI as a victim or surviving family member of a deceased victim, you are eligible to file a claim for compensation.
  • If you are on the U.S. Department of Justice’s Victim Notification System connected to the federal prosecution, you are eligible to file a claim for compensation.   
  • If you were not already identified by the U.S. Attorney’s Office or FBI, or counted by the FDA, CDC, or a state health department, you may still be eligible to file a claim for compensation if you meet all the criteria below:
    • Received an injection of preservative-free methylprednisolone acetate between May 1 and October 15, 2012;
    • From one of the NECC-produced lots 05212012@68, 06292012@26, or 08102012@51; and
    • Developed fungal meningitis or certain other fungal infections as a result of the injection(s).
  • If you believe you meet all the criteria above, please submit an application form to initiate a review for eligibility (see below).
  • If you are uncertain if you meet all the criteria, you may still submit an application form to initiate a review for eligibility (see below).
  • Survivors and/or dependents of a family-member who meets or met the criteria above may also file a claim for compensation to initiate a review for eligibility (see below).

What is a review for eligibility?

  • If you are not already identified by the U.S. Attorney’s office as a victim or surviving family member of a deceased victim, you will be contacted by the U.S. Attorney’s Office and asked to complete and submit a form and back-up documentation that provides more detail related to your injection(s) and resulting health consequences.
  • Please respond to all requests for information as soon as possible. This will enable the U.S. Attorney’s Office to determine if you are eligible to make a claim for compensation.

How will I know whether or not I’m found eligible?

  • This process may take several weeks; we appreciate your patience during this time.
  • If you are eligible, you will be notified by a representative from the Attorney General’s Office.
  • If you are ineligible, you will be notified initially by a representative of the U.S. Attorney’s Office.

Assuming I am found to eligible, what kinds of expenses would be covered?

  • Out-of-pocket expenses incurred as a direct result of the crime.
    • Medical and dental expenses (including equipment, supplies, and medication)
    • Mental health counseling
    • Lost wages (for victims only)
    • Replacement homemaker expenses
    • Funeral, burial, and ancillary related expenses (for survivors of victims who died as a consequence of the injections)
    • Loss of financial support (for dependent spouses or minor children of victims who died as a consequence of the injections)

What costs would not be covered?

  • Pain and suffering
  • Property losses
  • Costs covered by insurance or other sources
  • Costs not directly related to the crime

What is the time frame for incurring costs that could be compensable?

  • Compensable costs incurred going back to the date of the injection(s); and/or
  • Compensable costs incurred going forward until the maximum limit is reached.

What is the maximum possible compensation?

  • In most instances $25,000.
  • In cases where the victim has been catastrophically injured, the maximum compensable amount is $50,000.
  • Please be reminded that compensation is only for certain actual costs incurred.

What assistance will the Attorney General's Office provide to me?

  • Individualized guidance through processing your claim for compensation including detailed information about the kinds of out-of-pocket expenses that would be compensable and the types of back-up documentation that will be necessary to substantiate them.
  • If needed, facilitating connections to helpful services in your own state.

I submitted a claim for compensation, is there anything else I should be doing at this time?

  • If you wish, you may gather and organize copies of receipts, bills, invoices, or other records you think may be useful in verifying your out-of-pocket expenses.
  • Please be reminded Attorney General’s Office staff will provide specific guidance to you about compensable costs and documentation required to verify them.

Do verdicts in the federal criminal case affect my eligibility to make a claim for compensation?

  • No

For More Information

Massachusetts Attorney General’s Office
Mass. NECC Victim Compensation Project
617-573-5375 (or toll-free at 844-315-0399)
NECCAssistance@state.ma.us

U.S. Attorney’s Office for the District of Massachusetts
Victim and Witness Assistance Program
617-748-3100
USAMA@usdoj.gov
https://www.justice.gov/usao-ma/usa-v-cadden-et-al

Please check this webpage periodically for any updates or additional information concerning the compensation of your expenses.