Insurance Co. Says There’s no Cover in Mo. Pharmacist Case

A Kansas City, Mo. pharmacist accused of diluting chemotherapy drugs was sued by his insurance company, which is seeking exemption from liability in the more than 200 lawsuits filed by cancer patients and their relatives against the pharmacist.

According to an Associated Press report, court papers allege that the pharmacist, Robert R. Courtney, distributed stolen medicines purchased from a retired drug company salesman for 10 years before he was arrested on charges of watering down the chemotherapy drugs. Courtney pleaded guilty last month to 20 counts of diluting cancer drugs and pocketing the difference in price between the diluted and full-strength drugs.

Courtney’s insurance company, Pharmacists Mutual Insurance Co. wants to be removed from liability for Courtney’s unlawful behavior, asserting that its policies do not cover criminal acts. After reviewing Courtney’s confession to the FBI that reportedly detailed both the drug dilutions and the obtaining of pharmaceuticals on the “gray” market, the insurance company maintained it should not be held liable for Courtney’s criminal wrongdoings.

The AP report stated that authorities believe Walter J. Accurso, a former regional sales manager at Smith Kline Diagnostics, supplied Courtney with the stolen drugs. Accurso has allegedly acknowledged selling stolen medicines to pharmacists in the Kansas City area in 2000 and 2001. Although never charged with a crime, he reportedly consented to a $33,650 civil judgment in a government-initiated court action.

An attorney representing 174 plaintiffs asserted insurance money might still be available, even if coverage is denied for criminal acts. Courtney’s guilty plea only involves only 34 people and lawyers believe that insurance will provide coverage for damages to many other people.

Topics Missouri