"Since Mr. Cadden has indicated he will not appear voluntarily, we are left with no choice but to issue a subpoena. We urge Barry Cadden to put the public health first and answer the committee’s questions about the deadly outbreak," Upton and Waxman said.
If Cadden refuses to respond or give testimony and does not invoke his Fifth Amendment right against self-incrimination, he could be held in contempt of Congress.
The spate of meningitis cases has prompted a lot of attention from lawmakers, particularly Democrats who see the outbreak as a regulatory failure.
Drug compounders like the NECC can distribute custom drugs on a
large scale but are not obligated to follow some rules that apply to
drug makers. At least two House Democrats recently introduced bills to
strengthen Food and Drug Administration oversight of drug compounders.
The Nov. 14 hearing will include testimony from FDA Commissioner Margaret Hamburg. Massachusetts Board of Registration in Pharmacy Director James Coffey has also been invited to appear.