The burden of proof for the murder charges were also said to be "too high".
"We are very confident that the government is going to be unable to establish that [Evanosky] committed any crime, period", he said.
The U.S. Attorney's Office said Cadden authorized the shipping of drugs that weren't confirmed to be sterile and used expired ingredients. While a majority of jurors voted to convict the 50-year-old Cadden of 23 of the 25 murder charges filed against him, a unanimous decision couldn't be reached, probably sparing Cadden a life sentence, the newspaper reports.
In 2012, 753 patients were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate manufactured by NECC. He said that the trial revealed Cadden to have participated in a massive fraud where his company masqueraded as a pharmacy, even though the N.E.C.C. was in fact manufacturing drugs. It added that the compounding center did not comply with cleaning, sterilization and other safety regulations - and that many who worked there, from its owners to pharmacists, actively lied about it.
But the jury did find Barry Cadden guilty on multiple racketeering and mail fraud counts. He is slated to be sentenced June 21. He wanted to make it look like his compounding pharmacy was filling individual prescriptions, prosecutors alleged.
After expressing his outrage that Cadden was also charged with murder in the deaths of 25 people who took the tainted medicines, attorney Bruce Singal had the audacity to say this.
David Schumacher, who recently became a partner at Hooper, Lundy & Bookman after eight years as a prosecutor in the U.S. attorney's health care fraud unit, said the disparity shows jurors followed the case closely and listened to the judge's instructions - they were required to follow the murder laws specific to each state, a possible explanation for the disparities in the verdict sheet.