Local lawsuit targets tainted steroid

INDIANAPOLIS (WISH) - There have been 35 cases, 2 deaths in the state and now Indiana's first meningitis lawsuit.

A Columbus woman has filed it as she waits and wonders if she will get the potentially deadly disease. It's the second lawsuit in the nation, filed against the company that made the steroid injections, New England Compounding Pharmacy.

The plaintiff in this lawsuit, Natalie Copass, doesn't have meningitis. However, her attorneys say she waits and worries to find out if she will get it. They argue, it's time for New England Compounding to step up and help their client and the thousands of others who find themselves in the same predicament.

"There are problems in that industry and we're hoping that as unfortunate as this incident has been, it leads to some change," says attorney Mark Fryman Jr.

He along with attorney Michael Stephenson have filed a 20 page lawsuit against New England Compounding Pharmacy on behalf of Natalie Copass of Columbus.

According to the lawsuit, Copass got two steroid injections for back pain on July 31, and one injection on Aug. 22.

Then, on Oct. 5, she got a warning letter from New England Compounding. Fryman says, "she's waiting to find out if she has meningitis."

Waiting that's costing her emotional anguish and money according to the lawsuit. It claims Coppas, "sustained economic losses, including loss of earning". It charges that the defendants, New England Compounding and its owners were aware of the defect in the steroid and it resulted in unreasonably dangerous and potentially lethal products.

Attorney Michael Stephenson says the lawsuits goal is simple.

"Hoping to try and get this company or somebody with the company to give some direction to these poor people who received these shots."

Direction on what to do while they're waiting.

"They are very worried. They're scared, they're family is scared," says Dr. Karen Roos, a Neurologist at the IU Health Neuroscience Center in Indianapolis.

Dr. Roos says early treatment can make a big difference in fungal meningitis cases. Working with colleagues they have come up with a protocol of testing for the disease. Either using non-invasive blood tests or a spinal tap.

"And our goal here is to identify people before they get sick. And to treat them before they get real sick," says Dr. Roos.

That is exactly what the lawsuit contends those at risk need. So far, New England Compounding hasn't helped them get.

Copass' lawsuit doesn't ask the court for a specific amount of money. Her attorneys say it will likely be a long process getting it heard.

They say the lawsuit could even end up being moved from Indiana state court, to a federal court in another jurisdiction. But the attorneys urge anyone who got a warning letter to get tested, now.

IU Health can do that for residents. It is important to note, that while IU is testing for and treating those with fungal meningitis, it did not give any of the tainted steroid injections.