processes
Underdosed cancer medicine: pharmacist fails in Karlsruhe
The Federal Constitutional Court in Karlsruhe has dealt with the Bottrop pharmacist scandal. photo
© Uli Deck/dpa
A pharmacist from NRW has been sentenced by the Essen Regional Court for violating the Medicines Act in more than 14,500 cases. He wanted to take action against the verdict – and failed.
A pharmacist from North Rhine-Westphalia, who was sentenced to twelve years in prison and lifelong ban from practicing his profession because of adulterated cancer drugs, failed with a constitutional complaint. According to information from Tuesday, the Federal Constitutional Court did not accept this for a decision. The third chamber of the Second Senate in Karlsruhe saw no violation of fundamental rights.
The man had wanted to take action against a judgment by the Essen Regional Court and the rejection of his appeal by the Federal Court of Justice. The regional court had sentenced him five years ago for violating the Medicines Act in more than 14,500 cases. From 2012 to 2016, he had therefore produced underdosed drugs or instructed employees accordingly. Among other things, he billed health insurance companies as if he had dosed the medication correctly. The North Rhine-Westphalian state parliament has already dealt with the Bottrop pharmacist scandal.
With his constitutional complaint, the plaintiff complained in particular of a violation of the principle of guilt. It is not clear from the reasons for the decision in which specific cases he made underdosed preparations and for which patients they were intended. In addition, the regional court convicted the man solely on the basis of an unspecific cause, knowledge and approval of criminal offenses by subordinate employees.
However, the Constitutional Court stated that the Criminal Court had not been able to determine with certainty which of the 28,285 medicinal preparations produced had been underdosed after exhausting the possibilities for clarification. However, she was able to determine that and how many underdoses there had been at least for the preparations with the respective active ingredient.
There are also no constitutional objections to the conviction of the man as the perpetrator in cases in which employees had manufactured the medication according to his specifications. The regional court had made sufficient determinations regarding the organizational sovereignty and the motive of the complainant. “Both allow sufficient conclusions to be drawn from the will of the perpetrator.”
The head of the German Foundation for Patient Protection, Eugen Brysch, said: “The pharmaceutical scandal is legally over. But many thousands of patients were affected by the 28,285 individually prepared drugs.” To this day, it hurts those affected and their families that it remains unclear which of the people with cancer were hit particularly hard by the act.
The countries would have to do more to look at the few hundred special pharmacies, Brysch demanded. “The official pharmacists are overwhelmed by this,” he explained. “It’s also about the fastest growing billion-euro market. Transparency is overdue here.”