BU Law students spend their first summer working with claimants in New England Compounding Pharmacy case

Lewis Osterman and Kristen Rogerson (both ’17) have spent their first summer helping victims recover damages sustained from contaminated injections.

In the autumn of 2012, New England Compounding Pharmacy (NECC) produced contaminated batches of an anti-inflammatory steroidal injection, which it distributed across the country, injuring 751 people and killing 64 due to fungal meningitis and other associated medical problems. It was the most deadly health care-associated infectious disease outbreak in modern US history. Plaintiffs sued both NECC and the medical clinics that administered the contaminated vials. After filing for bankruptcy, insurance and assets from NECC and some of the medical clinics have been used to set up a victim compensation fund supervised by the Bankruptcy Court.

This summer, Lewis Osterman and Kristen Rogerson (both ’17) are working under the supervision of Professor Kevin Outterson as facilitators for pro se victims of these contaminated injections, helping people who are representing themselves in claiming a share of the compensation funds in several states.

Outterson, who co-directs BU Law’s highly ranked Health Law Program and serves as the editor-in-chief of the Journal of Law, Medicine & Ethics, is a recognized expert on the case. He has published two articles on the subject in the New England Journal of Medicine and has been widely quoted in the media on the NECC disaster. “The students are working under my supervision,” he says, “but they are interacting directly with claimants who were injured by the injections contaminated with fungi. I’m very proud of the important work they’re doing.”

Osterman is currently working with an individual who filed a claim late and needs assistance not only gathering medical evidence, but also writing a motion to the judge to allow the claim to proceed. “It’s valuable, substantive legal work,” says Osterman.

Rogerson, who is doing similar work, says “most of the claimants I’ve worked with are overwhelmed by the paperwork involved in making their claim, so I work hard to walk them through the process. The summer has also involved a bit of detective work, as it’s sometimes difficult to track down claimants and keep their proof of claim documents in order.”

“Some of our clients are of limited means, and need assistance with the steps of an admittedly complicated bankruptcy litigation settlement, especially gathering the medical proof required to establish their claim,” says Osterman. “It has been rewarding working with clients to ensure that the appropriate documentation is in the right hands and that each client gets an appropriate award.”

Both Osterman and Rogerson work on the American Journal of Law and Medicine (AJLM), and are interested in pursuing careers in health law. Osterman is particularly interested in life sciences. “I hope to further explore my interest in health care this school year as well as gain experience in a real-world practice setting through the health law externship program,” he says.

Rogerson sees herself particularly focusing on mental health in the criminal context. Before attending law school, she researched program efficacy for juvenile homicide offenders and the impact that programming has on parole success, sparking her interest in the intersection between law and mental health. “I’m looking forward to expanding my knowledge through more coursework as well as my work on the AJLM,” she says. “I think that health law is particularly exciting because it is constantly evolving based on new treatments and research.”

Although they have two more years of law school, both Osterman and Rogerson feel they have a head start when it comes to preparation for real-world law practice, thanks to their experience this summer. “This experience has impressed upon me the value of keeping open lines of communication with the client as well as with my co-workers,” says Osterman. “Whenever an unexpected issue comes up, it is important to be able to reach the client to get the appropriate information.”

“I am thrilled to be able to impact clients directly,” says Rogerson, “and feel honored to be able to do that through BU Law.”