K.C. pharmacist surrenders, accused of diluting two drugs
Robert R. Courtney, 48, is charged with weakening cancer medicines. The FBI is looking for victims.
By Josh Freed
ASSOCIATED PRESS
http://inq.philly.com/content/inquir...l/DILUTE16.htm
KANSAS CITY, Mo. - A wealthy pharmacist accused of diluting chemotherapy drugs surrendered to the FBI yesterday as investigators studied his records to find patients who may have been given weakened treatments for cancer.
Authorities said some intravenous drug bags contained less than 1 percent of the dosages ordered by doctors.
Robert R. Courtney, 48, is accused of diluting prescriptions for Taxol and Gemzar filled at his Research Medical Tower Pharmacy in Kansas City.
He was charged Tuesday with a single felony count of misbranding and adulteration of a drug and was ordered held without bond by a judge who called him a flight risk. The court order also said Courtney was worth more than $10 million in stock and property.
If convicted, he faces up to three years in prison and a $250,000 fine. He did not speak during the hearing, but defense lawyer Jean Paul Bradshaw - a former U.S. attorney in Missouri - said he expected his client would plead not guilty.
There was no immediate indication whether any patients had been harmed. An FBI hotline set up to find potential victims had recorded more than 100 calls by early yesterday.
"What we're looking at is possibly hundreds of patients. It's going to be a very long investigation," FBI spokeswoman Bridget Patton said.
Authorities declined to discuss a motive, but they have repeatedly pointed to the hundreds of dollars in savings per dose produced by the alleged dilution of expensive cancer drugs. In one alleged case, dilution would have saved the pharmacy about $780 for an order of drugs.
Taxol is a second-line therapy for advanced ovarian or breast cancer and is used against AIDS-related Kaposi's sarcoma and lung cancer. Gemzar is used to treat pancreatic cancer and some types of lung cancer.
According to the U.S. Attorney's Office, the dilution was discovered by a sales representative for Eli Lilly & Co., which makes Gemzar.
The representative noticed a discrepancy between the amount of Gemzar the pharmacy ordered and the amount it had billed an unidentified Kansas City-area doctor.
The doctor consulted with Eli Lilly and then sent a sample of some of the drugs to an independent laboratory, which reported back in June that the sample contained less than one-third as much Taxol as prescribed.
Last month, the doctor gave the FBI and Food and Drug Administration additional samples, which turned out to contain only 17 percent to 39 percent of the amount of Gemzar that had been prescribed.
Tests on later samples showed Taxol at 28 percent of the prescribed strength, the U.S. Attorney's Office said.
Federal agents seized records from Courtney's Kansas City pharmacy Monday. He also owns a pharmacy at the Shawnee Mission Medical Center in Merriam, Kan., but the FBI did not say if it was under scrutiny.
Susan Winckler, a pharmacist and an attorney at the American Pharmaceutical Association, said such cases were rare.
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