Judge Charles Dorsey said he will rule on how this case will move forward soon.
Sharon Wingate's attorneys said they expect the case to go to trial in about a year.
"It took 12 days to take [my husband]," Wingate said after the hearing. "It would be almost another tragedy to have [the case] drawn out any longer than necessary."
The attorney for Insight Imaging, which has centers in eleven states, argued that the New England Compounding Center should be added to the lawsuit as a defendant, since that's where Insight bought the tainted steroid shots.
While a couple of dozens lawsuits have been filed involving that fungal meningitis outbreak last summer, Wingate v. Insight Health Group & Image Guided Pain Management will be the first to see action in court.
It's scheduled for a hearing at 2 p.m. today in Roanoke Circuit Court.
Sharon Wingate is suing Insight Imaging Center in Roanoke on behalf of her deceased husband, Doug Wingate, court papers show.
Court papers claim Wingate took a steroid shot made by the New England Compounding Center in early September of last year.
The lawsuit claims a doctor at Insight administered the injection.
Wingate wanted back pain relief for a special trip he and his wife were planning in order to celebrate their 25th wedding anniversary, the lawsuit states.
Wingate died 12 days after taking the shot.
The medical examiner's report ruled the cause of death as fungal meningitis, according to the lawsuit.
The lawsuit also states Insight was Wingate's second choice in which to administer the shot.
The lawsuit says the first place Wingate picked couldn't fit him into their schedule before his wedding anniversary vacation started.
Court papers filed by attorneys representing Image Guided Pain Management, the business name for the two doctors who supervised Insight's Roanoke location, basically assert in rebuttal that Wingate can't sue them without suing the New England Compounding Center.
The NECC, now bankrupt, is not listed as a defendant in the case.
In the rebuttal papers, lawyers confirmed that the two doctors did not know their steroid injections were manufactured by the NECC.
Wingate is seeking $25,000,000 in damages.