http://www.nytimes.com/2002/08/07/health/07DILU.html
ANSAS
CITY, Mo., Aug. 6 — Internal documents show that two drug companies knew that a
pharmacist was diluting cancer drugs as long as three years before his arrest,
lawyers for patients said in a court motion filed on Monday.
The motion said neither,
Mr. Courtney was arrested last year and pleaded guilty in February to 20 federal criminal charges of tampering with, adulterating and misbranding chemotherapy medications. He has since admitted diluting 72 drugs, dating back to at least 1992.
He faces hundreds of lawsuits claiming wrongful death and injury.
The motion said the companies detected possible fraud in 1998 by using tracking systems that determined where their drugs were being sold, in part to uncover schemes like Mr. Courtney's.
Judy Kay Moore, a spokeswoman for Eli Lilly, dismissed the new accusations, saying, "These plaintiffs' attorneys have cut and pasted, embellished and mischaracterized the documents and sworn testimony."
Bristol-Myers did not return phone calls from The Associated Press for comment.
The motion followed a decision by a Jackson County, Mo., circuit judge last week to reject a request by Bristol-Myers to keep specifics in the case under seal. The motion said that in 1998, an Eli Lilly sales representative noticed a large discrepancy between how much of the cancer drug Gemzar was bought by Mr. Courtney and how much oncologists said they were buying from him.
Eli Lilly found that Mr. Courtney's pharmacy appeared to be dispensing more than twice as much Gemzar to patients of a single Kansas City practice as Eli Lilly was selling to all retail pharmacists in Kansas in 1998, the motion said.
The motion said that the employee leading the investigation sidelined it and that nothing else was done.
Ms. Moore said the company dropped the inquiry after coming to the "routine conclusion" that Mr. Courtney's pharmacy was being supplied by a wholesaler outside the tracking system.
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