Michelle Keahey, East Texas Bureau Nov. 5, 2012, 5:19pm

SHERMAN - An East Texas man has filed a lawsuit claiming he was injured when he received pharmaceutical injections of a steroid drug contaminated with a fungus.

Rodney Herson filed suit against New England Compounding Pharmacy Inc. doing business as New England Compounding Center, Barry J. Cadden, Lisa M. Conigliaro-Cadden, Carla Conigliaro and Gregory Conigliaro on Nov. 2 in the Eastern District of Texas, Sherman Division.

According to the lawsuit, Herson received the pharmaceutical injectable steroid drug known as methylprednisolone acetate, which was contaminated with at least one fungus and caused infections of fungal meningitis.

He received the injections on Aug. 22 while receiving treatment for a back injury at Harris Methodist Hospital-Southlake and subsequently developed severe headaches, nausea, photo-sensitivity, confusion, hallucinations, loss of short-term memory, fatigue and loss of balance.

He is asserting claims and causes of action for strict product liability for product design defects, defects in the compounding and manufacturing, failing to warn, negligence, gross negligence and violation of the Texas Deceptive Trade Practices Act.

As of Oct. 29, the Centers for Disease Control has confirmed 354 cases related to the contaminated MPA, with 347 cases of fungal meningitis, stroke due to presumed fungal meningitis or other central nervous system-related infections. There have been 25 deaths associated with the disease.

The plaintiff is asking for an award of compensatory damages for pain, emotional distress, mental anguish, inability to perform his normal activities, medical expenses, loss of income, additional damages, exemplary damages, attorney’s fees, court costs, expenses, interest and court costs.

Herson is represented by James P. Moon, Charles T. Kaplan and Helina W. Medhin of Kaplan & Moon in Dallas. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:12-cv-00687

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