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Author Topic: Ethical question? What if this happened to someone you love?
Zemra
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I am taking this class on intro to pharmacy practice and we are studing ethics in Pharmacy. I am suppose to read this article that has to do with ethics. As I am reading this I come across one of the darkest times of this profession. I am talking about the Robert Courtney case. Here is a little background on this case:
RC owned a pharmacy and prepared chemotherapy drugs for cancer patients. He would purchase chemotherapy drugs from sales rep from Eli Lilly (drug company which keeps track of how much med the pharmacy buys and how much they sell), mix drug in-house but with less than half of the full concentration. When FBI had tests done on 6 prescriptions, they found that prescriptions prepared by RC, which should have had 100% of the drug, actually had anywhere from 39%-1% of the cancer drug. RC would bill the patients for full amount. This happened from 1992-2001. RC confessed to diluting 98,000 prescriptions written by 400 physicians and the number of affected patients is approximately 4,200.
I am not sure what you know about Chemotherapy but the dose has to be strong enough to kill cells that are going through division. You have to do 3 rounds of chemo and hopefully that will kill all cancer cells and if not all most of them and hope that the rest will be killed by white blood cells (Immune System). If a patient is given a diluted dose of a chemotherapy drug there might be a high probability of patient getting immune to the drug and of course more metastasising of the tumor. As you all know a patient that is going through Chemotherapy gets really sick because while the drug is killing cancer cells it is unfortunately killing healthy cells too that are dividing at the time. For these reason patients on Chemotherapy are weak, there immune system is very low and they experience nausea and vomiting, I think that this goes for almost all patients.
There were patients that were not experiencing any of the side effects that chemotherapy exhibits. I was a bit dumbfound when the doctor had not notices that her patient was not getting any of the side affects but here is what Ann Romaker, MD, a pulmonologist in Kansas City said about this case: "If the drug doesn't have side effects, should you be grateful that the patient is not sick or should you be worried that they're not getting the drug? Usually, your first assumption is not that someone is diluting the drugs. You think it's great that you've got a patient who tolerates the drug well"

Defense for RC argued that:
-even though the plaintiff received diluted chemotherapy medication, there was no evidence that it caused any significant injury
-patient had already lived well beyond the life expectancy of people diagnosed with recurrent cancer

Verdict: Courtney pleaded guilty to all counts and agreed to accept a sentence of between 17.5-30years in prison, to forfeit all of his property, and to provide the government with a full accounting of all his criminal activities and the criminal activity of any other individual involved. He ended up getting 30 years in prison.

All of this started because he wanted to make money to pay debt to government.
I am infuriated to read such things. Pharmacy is one of the most trusted professions and here comes this man that with his greedy and irresponsible attitude puts other people's life in line. [Mad]
What is your opinion and feeling on all this matter? Do you think that he should have gotten more than 30 years of prison and how would you had felt if this had happened to someone you know?

[edit: Yes, this is a school assignment. But I've already finished it, so I'm not asking for help. Just wondering if anyone heard about this case, and what you thought.]

[ October 06, 2005, 09:02 AM: Message edited by: Zemra ]

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Tante Shvester
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I was working in a hospice when that case came to light, and it profoundly shocked my patients and their families. Many of my patients at that time had terminal cancer, had gone through all the curative treatments available, and were dying anyway. There was someone in every family who came to me with the question "Could this be somebody's FAULT?" And every family that I dealt with decided not to find the answer to that question. It was too late; it could only cause more pain; they didn't have the strength and energy to pursue it.
quote:
What is your opinion and feeling on all this matter? Do you think that he should have gotten more than 30 years of prison and how would you had felt if this had happened to someone you know?
My opinion of this matter is that there is evil in the world, and this is what it can look like. I have no idea if 30 years is the appropriate sentence. I can't imagine how penance can be done in any amount of time.

How would I feel if this happened to someone I know? You mean if someone I know endangered the lives of others for selfish reasons? I would be appalled, of course. If this person was a friend, I would have to seriously talk with him to see if I could maintain that friendship. I would try to counsel him to do all that is possible to make ammends, if not in full, then at least in some small part.

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Dagonee
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My opinion: he should never get out of prison. Ever.

If this was a federal prosecution, then there is no parole, so he will serve the full 30. That's good.

But I'd have charged him with 98,000 counts of mail or wire fraud, and then looked very hard to find a suitable case for murder charges.

I'd have gotten the state prosecutors to file reckless endangerment charges, one for each affected patient, and, if that didn't give him a large enough sentence, state fraud charges as well.

I'd have thrown every single thing I could think of at him.

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KarlEd
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I agree with Dag 100% on this one.

Betrayal of public trust is a big hot-button issue with me and I have very little mercy for people like RC. I think what he has done is far worse than a thug shooting someone and taking his wallet and should be punished accordingly, x 98,000.

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ludosti
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The whole thing is reprehensible. I'm with Dag and KarlEd, though I think he should have been charged with 98,000 counts of attempted murder. The result of his greed was, in effect, an attempt to hasten the end of those people's lives (by reducing the effectiveness of their treatment).
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Dagonee
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I don't think attempted murder would work, except in states that allow attempted murder based on recklessness. Very few do. Generally, attempt requires intent.

The problem with the murder charges is identifying cause of death. This has to be done individually. I bet we could figure out statistically how many people died because of this, but that's not enough to prove murder.

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ludosti
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Attempted murder isn't the same as murder though, is it? What about reckless endangerment or attempted manslaughter?
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Dagonee
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Reckless endangerment is the most likely possibility. Here's a good example of the elements in NY - most states will be somewhat similar:

quote:
a person is guilty of Reckless Endangerment in the First Degree when, under circumstances evincing a depraved indifference to human life, that person recklessly engages in conduct which creates a grave risk of death to another person.

...

[A person recklessly engages in conduct] when he or she engages in conduct which creates a substantial, unjustifiable, and grave risk of death to another person,

and when he or she is aware of and consciously disregards that risk,

and when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

...

Conduct evincing a depraved indifference to human life is much more serious and blameworthy than conduct which is merely reckless. It is conduct which, beyond being reckless, is so wanton, so deficient in moral sense and concern, so devoid of regard for the life or lives of others, as to equal in blameworthiness intentional conduct which produces the same result.

There are lesser charges if the depraved indifference doesn't exist.
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Seatarsprayan
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98,000 counts of reckless endangerment. Punishment: death.
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Dagonee
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Probably one count per patient rather than one per prescription. Should still be enough to get an effective life sentence if you can get consecutive sentences.
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Tante Shvester
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If I recall correctly, he would have gotten away with everything, if it hadn't been for the drug rep looking after his OWN bottom line. A drug rep noticed that sales were down, and visited the oncologists to find out why they were prescribing less of his company's drugs (figuring that they were using a different protocol for some reason). The oncologists said that they hadn't changed their prescribing practices. The drug rep investigated further and found that a common link was this pharmacist.

That's how he got caught.

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Enigmatic
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[Mad] [Mad] [Mad]
[Cry]
[Cry]
[Cry]

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Sterling
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4,200 patients is a lot of people. But cancer patients frequently die even after undergoing chemotherapy. The pharmacists' actions were stupid, selfish, and reckless, but not vindictive, predatory, or malicious. They're despicable, but I can't equate them with murder or attempted murder. The reckless endangerment charge would seem to fit. I hope he spends the whole thirty years in prison. He certainly shouldn't ever be allowed anywhere near a phramacy again.
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Dagonee
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quote:
But cancer patients frequently die even after undergoing chemotherapy.
Small comfort to the patients who died after getting 1% of the medicine they should have. This guy absolutely killed someone. Probably many someones. Adjuvant treatment (chemo after surgery) can improve survival rates significantly. Some cancers are only treated with chemo. Over 4,200 patients, a 5% survival rate difference would equate to maybe 210 deaths.

If there were a way to charge him with murder, I would support it.

quote:
The pharmacists' actions were stupid, selfish, and reckless, but not vindictive, predatory, or malicious. They're despicable, but I can't equate them with murder or attempted murder.
It was certainly predatory (given to exploiting others for ones own gain) and mailicious (deliberately harmful).
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archon
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Pharmacists should all be replaced by machines. It's just not a job for humans. If a pharmacist can NOT give someone a perscription that they have been assigned by a doctor, it's a failure of our health system. I have a cousin who is a pharmacist and I still believe that all pharmacists should be fired.
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lem
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quote:
If I recall correctly, he would have gotten away with everything, if it hadn't been for the drug rep looking after his OWN bottom line.
These days I am trying to loose weight. My method is to park my car 40 minutes from my house after work (at my second job) and walk home. In the morning, I have to walk to my second job to pick up my car to go to my first job.

2 40 minute walks a day have given new time to think and ponder about life. Today I was thinking about something along these lines, albeit much more generic.

I was thinking about crime and punishment. We live in a capitalistic world. It is the only world I know, and I am quite pleased with it. The result is that money is always the bottom line.

I don't know what I would do with this individual case, but I am glad someone was looking after the bottom line. I think criminal behavior needs more checks and balances to ensure it is not financially viable to commit crime.

If pharmacies have the RC type of problem, then the financial gain of other representatives to interfere needs to be in place so they can police themselves. It seemed effective in this case. Maybe there could be changes in institutional guidelines that benefit the profession as a whole as they follow the guidelines with a result of policing themselves.

I don't know what I am saying. It is late. I am tired. But this case has meandered into my earlier thoughts from my walk. Goodnight. [Sleep]

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Tante Shvester
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Or maybe just your cousin.

I seriously would have a problem with a pharmacy machine. The pharmacist is an important player in the health care team.

Why not say that any profession that has had badly-behaved members be replaced by machine?

We could have machines teach our kids at school.
We could have machines lead our religious communities.
We could have machines star in Hollywood movies.

Wait, that last one sounds kind of cool.

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Enigmatic
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I am not given to using graemlins often. My previous post is almost definitely the most I've ever put in one post. But when I read this thread earlier today I could not get words out without sobbing.

In junior high and highschool I had 2 best friends. The three of us did just about everything together. One of them got cancer. He went through radiation and chemo for a very long time and the cancer looked like it was going into remission. The doctors wanted to hit him with one last huge dose of radiation and chemo to drive it further into remission, but wanted to wait a few months to give his body a chance to recover from the sickness of the treatments before doing that final treatment. Well, in that time the cancer recovered too and it grew quicker and stronger than before and the next thing I knew my best friend was dead.

Now. Considering how angry I was at the doctors, who were really just doing what they thought was best for him... If I'd found out that some scumbag pharmacist had skimped on his chemotherapy prescription to make a buck, the murder charges being discussed here would be mine and the murder would been the pharmacist's.

I am not a violent person. Rationally, I do not think violence solves anything. But honestly, trying to picture myself in this situation I think I would have done my level best to force feed that guy every pill in his pharmacy and staple his throat shut so he couldn't vomit them back out.

And after all, he was going to die eventually anyway, so that wouldn't be vindictive, predatory, or malicious.

--Enigmatic

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Zemra
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Because he was willing to work with the government he actually got a break. And by the way this was a federal case and FBI was involved in the sting operation.
The report said that during the time that he had been diluting the drugs there was only one person that had died and they are not sure if it was because of diluted Chemo drug or just because of the cancer. I would still want him to stay in prison for the rest of his life.
This case touched me not only because pharmacy is my profession but also because cancer is such a sensitive subject for me.
My aunt passed away after many years of fighting breast cancer. Knowing the hardship that she had to deal with, it is impossible to portray the pain and the devastation that she went through. She died feeling every pain in her body without the possibility of Chemotherapy that might have saved her life or medications that might have decreased the pain. When I read this article, I felt the pain of my aunt dying all over again. If someone is responsible in doing such a terrible deed, I would sustain any punishment the law saw fit to give him.
I am not a vindictive person. I hate to have to take sides against someone in my own profession. But the only difference between Mr. Courtney and a common street criminal who slits an innocent person’s throat for his wallet is that Mr. Courtney got to know these people first. He made them trust him, looked into their eyes and the eyes of their families, and let them die for money. If he gets a moment of peace or happiness in this life or the next, it will be too good for him.

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Sterling
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I'm just saying that murder generally implies intent to kill. I'm not saying he shouldn't be punished harshly. By all means, lock him up and throw away the key.

But do remember, cancer was the key to the people's deaths. What the phramacist did was deny them a chance to get out of the way of a speeding truck. He didn't put them in front of the truck in the first place.

To a way of thinking (and I know this is horrible), the crime was less than murder simply because most of those victimized never knew of their victimization. A murder victim frequently would. Cold comfort, certainly...

I judge Mr. Courtney quite harshly, but I wouldn't equate his actions with murder. It's just not that simple.

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Lyrhawn
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I agree with Dag and the others.

Though for his punishment, I'd say lock him away for life, and every time he gets sick, only give him a half dose of medicine, if any at all.

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Glenn Arnold
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quote:
I'm just saying that murder generally implies intent to kill.
1st degree murder yes, but I think the "depraved indifference" simply means that the person was aware that his actions could or probably would result in death and did it anyway. It's still murder.

This guy is a pharmacist. He knew how much damage he could do and did it anyway.

The only problem is that you can't make a clear connection between the "bullet and the gun," because the medicine might or might not have worked, and the cancer might or might not have gotten worse, or whatever. You can't prove he killed somebody. But you can prove he knew his actions would probably kill somebody.

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romanylass
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He is reprehensible- 30 years is not enough.
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archon
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Tante, because pharmacists are NOT important players in the health care team... they're detractors and only serve to get in the way. A machine can do everything a pharmacist can, but better and without idiotic personal interests cropping up.

All those other examples you gave of "misbehaving" professions are not keeping people from their medication due to personal beliefs or in this case money... the examples are apples and oranges and missing the point completely.

Pharmacists need to be replaced.

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Sterling
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Wrong.

A machine can't explain the side-effects of a drug to a patient, or recognize if a patient is confused by the medicine's instructions.

A machine can't tell if a doctor has prescribed the wrong medicine for the patient's particular circumstance. It does happen.

A machine isn't likely to suggest a generic medication that could save a patient money.

A machine can't recognize patterns that suggest a patient is a narcotics-seeker, or tell if the same patient is coming in with multiple prescriptions for the same medication under different names.

A _good_ pharmacist is far better than the most carefully programmed machine.

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Sterling
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Not saying that two wrongs make a right, but has anyone considered that people responsible for introducing chemical compounds that may cause cancer in the first place to the air or groundwater are likely to get little more than a slap on the wrist?
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Enigmatic
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I would not trust pharmacy to our current level of vending-machine technology. Besides, a person is still going to have to load the drugs into the machine at some point anyway, which could lead to the same potential for abuses and probably be even harder to trace back to the culprit.

--Enigmatic

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Glenn Arnold
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I've had quite a few discussions with my pharmacist, and I have to say that he's more forthcoming with information than my doctor is.

Maybe it's because he isn't as pressed for time, or maybe it's because he doesn't have the "I am Doctor I am God" attitude, but he's very helpful, and clearly knows his medicine.

I would not want him to be replaced with a machine. Actually, in my previous employment my health plan required a lot of medications to be ordered by mail, which eliminated the human factor, and I didn't like it at all.

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Joldo
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This is sick. This is disgusting profiteering. This is an argument for vigilante justice, almost. Jeez.
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Dagonee
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quote:
What the phramacist did was deny them a chance to get out of the way of a speeding truck. He didn't put them in front of the truck in the first place.
Which would be murder, plain and simple. It is absolutely as bad as pushing someone in front of the truck.

quote:
On Law & Order, sometimes they'll talk about charging someone with "Murder 2, reckless endangerment". Are these two seperate charges, or does the reckless endangerment part affect the murder 2 part?
THe jury instruction I quoted above is for the most severe form of reckless endangerment, and includes the "depraved indifference to human life" standard. Murder 2 (in NY and most other Model Penal Code states) includes causing the death due to reckless conduct exhibiting depraved indifference to human life, with pretty much the same definition as the instruction quoted above. The difference between the highest form of reckless endangerment and murder 2 is that the conduct caused the death of a human being in the latter.

The problem here is causation - a specific death caused by this doctor. Since we don't know who would have died even with chemo, we can't show causation.

quote:
because pharmacists are NOT important players in the health care team
I wish Alucard were here to refute this. I doubt any of us can do justice to the many things wrong with this statement.
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Speed
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I was going to tackle it myself, but I decided not to feed the troll. This guy doesn't know what he's talking about, and he doesn't care. He's just trying to get a rise out of us.

I'm comfortable letting it go. But I do appreciate those of you who have stood up for my profession here. [Smile]

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Speed
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By the way, the "pushing someone out of the path of a truck" analogy doesn't hold true. If I saw someone in the path of traffic, there are several valid reasons I could have not to help them. It would be a danger to me. I would have no real duty to help them. I might not even have the chance. None of those excuses apply to this guy. His whole, entire job was to help these people. Not only was it what he was trained for, paid for, and swore to do, but he wasn't risking anything or losing anything by giving his patients the medicine that they deserved, and that he was getting paid to dispense. He knew how to do it, and the medicine was readily available to him. He had means, motive, opportunity and sworn duty to save lives, and the reason he declined that opportunity had nothing to do with anything but selfishness.

We may not know who would have lived or died if they'd got the medicine that was ordered. But this guy knew every single time that he diluted a drug that there was a significant probability that it would cost a person his or her life. And every single time he diluted a drug, he made a decision that a little extra change was worth the life of a person and the happiness of their family.

This isn't a Les Miserables story. Pharmacists make a very decent living doing just what they're supposed to do. This guy wasn't making money to feed himself or clothe his children. This is life vs. luxury, and it's one of the most sickening examples of greed and pettiness I've ever heard. He may not have directly killed these patients, but based upon how this reflects his feelings about the importance of human life, I wouldn't be any more eager to meet him in an alley than a Crip or a crackhead. It absolutely disgusts me. I'm not saying I want him to get the death penalty, but if I heard tomorrow that he was shanked in prison, I don't think I'd lose a moment of sleep.

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Dagonee
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Speed, I forgot you were a pharmacist.

quote:
If I saw someone in the path of traffic, there are several valid reasons I could have not to help them. It would be a danger to me. I would have no real duty to help them. I might not even have the chance. None of those excuses apply to this guy.
Exactly. He did the equivalent of handing a drowning man a rope and letting go, when there were 10 other ropes the drowning man could have grabbed had not this seemingly good option been presented.
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Sterling
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Of course, none of those ropes are necessarily tied on either.

He did something awful, but cancer was the killer.

How many people die from side-effects of their chemotherapy?

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Dagonee
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He diluted medicine which was being prescribed to save a life. It is absolutely as bad as putting three bullets in a revolver, spinning the cylinder, and firing at the patient.

That's depraved indifference.

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Sterling
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Using chemotherapy is like playing Russian roulette with a revolver with three bullets... As opposed to cancer, which is a revolver with five. With the chemo, you're removing three bullets and replacing one. You're less likely to die of the cancer, but the chemo itself may kill you.

But the metaphors are getting a bit stretched here.

Purely hypothetical, of course, but it's possible that absolutely no one died because of his actions.

And some of the people who've gone on chemotherapy say that if they were faced with the choice again, they'd take pain meds and die of cancer rather than undergo chemo again.

Cancer is awful. I attended the death of a family friend who passed away after his _third_ bout with cancer. Again, I don't dispute what the pharmacist did was awful. I just wouldn't equate it with murder. Reckless endangerment, manslaughter, hell, even arson, at least morally. But not murder.

[ October 08, 2005, 04:23 AM: Message edited by: Sterling ]

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Rakeesh
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I guess I fail to understand the distinction, Sterling. Is it a matter of probabilty?

Suppose that this 'pharmacist' (using the term loosely) had known that he was increasing the likelihood of death from cancer by 10% among his victims by his...what's the word, skimming off the top?

That I suppose could be considered short of murder.

But suppose he knew he was increasing this likelihood by fifty percent? Seventy-five? Ninety? Ninety-nine point nine percent?

Sometimes, arbitrary lines must be drawn to make laws effective. We have to pick an age after which people are treated differently by the law; we've actually picked a number of ages, varying from state to state and crime to crime.

But something like this, Sterling? Your gun analogy doesn't hold water at all. See, his customers had one gun, with say three bullets. They came to him asking for help, as recommended by other doctors. He said, "Sure, here you go,"....and added two more bullets.

It's murder because he choose to risk someone else's life against their will, and because he did it over and over and over again. I believe that sometimes people's intent is different from what they say or believe it is. I suppose this man claims his intent was not to kill anyone...but if he does, he's lying to himself and to others.

If you're an intelligent, educated, experienced person who examines a course of action and its ramifications and decides to take that course of action-as obviously this man did-then I don't care what you say, your intent was everything that happened. You may hope it doesn't happen, but I can go play in traffic too, and hope I don't get hit.

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Dagonee
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quote:
Reckless endangerment, manslaughter, hell, even arson, at least morally. But not murder.
If reckless endangerment (at least, the version defined above) results in a death, then it is murder, second degree.

Manslaughter, whether voluntary or involuntary, requires causing the death of a human being.

The only element not present in reckless endangerment is causing the death of a human being.

By admitting that reckless endangerment is an appropriate charge and admitting that manslaughter is an appropriate charge, you are admitting that murder 2 is an appropriate charge.

People are presumed to intend the very likely or almost inevitable result of their actions. If you point a loaded gun at my head and pull the trigger, you intend me to die, whether you actually wanted me to die or not.

Switch the disease to anthrax and the drug to Cipro for a clearer analogy. The different probabilities don't change what's going on here.

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Sterling
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...Fine, murder two, if it will stop the hair-splitting. Not, notably, a capital crime.

Merriam Webster defines murder as:

1 : the crime of unlawfully killing a person especially with malice aforethought

...Which implies either that the intention was murder (which it was not) or a heedless willingness to kill in the commission of another crime (which may be true.)

And yet, still, cancer was the killer. Indifference to suffering may have made some of those deaths possible.

If I fire a shotgun into a crowd and no one is killed, I can't be charged with murder. Assault with a deadly weapon, attempted murder, yatta yatta. But not murder.

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Lyrhawn
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As a pharmicist, he understands the implications of what it means to withhold medicine from someone, and he understands what chemo means to a cancer patient. Therefore everything he did was willful, and with full knowledge of the potential consequences. He KNEW what he did could result in the accelerated death of a patient.

My grandmother died of cancer. If I had found out afterwards that her pharmacist or anyone, was tampering with her medicine for any reason at all, I'd want the maximum punishment allowable unleashed on him. Furthermore, I watched her suffer through hell on that medicine. If I knew that she'd suffered, and there was a possibility that the medicine wasn't even strong enough to do anything, I'd know that she was suffering for nothing, in which case this morally bankrupt man should be charged with torture.

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Dagonee
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quote:
...Fine, murder two, if it will stop the hair-splitting. Not, notably, a capital crime.
You're complaining about hair-splitting? You're the one who insisted not murder but manslaughter.

quote:
If I fire a shotgun into a crowd and no one is killed, I can't be charged with murder. Assault with a deadly weapon, attempted murder, yatta yatta. But not murder.
But if someone gets hit, survives the surgery, and dies 4 weeks later of a post-operative infection, you can be.

Similarly, if someone else had done the shooting and you went in and replaced his IV antibiotics with water, and he then died of a post-operative infection, you could be charged with murder.

I'm curious as to what your motivation is here. You spend half a thread trying to draw a distinction between this and murder, trying to make very fine technical distinctions, and yet seem to resist having such distinctions made by others.

quote:
Merriam Webster defines murder as:

1 : the crime of unlawfully killing a person especially with malice aforethought

...Which implies either that the intention was murder (which it was not) or a heedless willingness to kill in the commission of another crime (which may be true.)

By the way, dictionary definitions of crimes are next to worthless.

The split between murder and murder two happened in Pennsylvania almost two centuries ago. The definition you cited predates that split, and includes both murder 1 and murder 2.

Under the common law definition of murder which that dictionary definition reference, this would certainly qualify (if, as I've said all along, it could be proven). Malice aforethought included implied malice demonstrated by wilful diregard for human life.

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Miro
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This seems to be appropriate. From Xenocide:
quote:
"You broke the oath, said Ender. "You betrayed the word of the fathertrees."
"No one harmed a hair of his head," said Warkmaker.
"Do you think anyone is deceived by your lies?" said Ender. "Anyone knows that to withhold medicine from a dying man is an act of violence as surely as if you stabbed him in the heart. There is his medicine. At any time you could have given it to him."


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Rakeesh
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quote:

...Which implies either that the intention was murder (which it was not) or a heedless willingness to kill in the commission of another crime (which may be true.)

Obviously he was willing to commit the crime of murder during his other crime.
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Miriya
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I have no words to express my contempt for this man.
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aspectre
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The real questions are:
Why didn't the manufacturor/distributor notice the disconnect between their sales to the pharmacist and the number of patients/prescriptions much earlier?
And why didn't they notify the appropriate authorities much earlier?

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Dagonee
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Why is that the real question? And why do you think they know the number of patients or prescriptions?

I'm wondering what sinister motive you can find for the pharmaceuticals to allow someone to continue selling less of their product than would otherwise happen.

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The Pixiest
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If you replace someone's heart attack medicine with placebos, isn't it attempted murder?

How is this any different?

Shoulda charged him with 98,000 counts of attempted murder and then fried him.

Pix

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aspectre
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Your "sinister" pharmaceutical company, Dagonee, or at least their sales representative was the one who discovered the discrepancy between their sales and the pharmacist's dosages. The company itself was the first to ask for a criminal investigation.

Given that the drug company itself was the first to suspect a crime through review of its own market research and sales records, I do think that it is valid to ask whether the discrepancy could have been found earlier.
And whether lives could have been saved IF a more systematic review had been made earlier.

Everybody makes mistakes that can be seen in hindsight. But when a big one is made, it is incumbent to put into place procedures which will prevent the mistake from occurring again.
Especially when the mistake occurs through a breakdown in trust. There ain't never gonna be no shortage of sidewinders willin' to abuse other folks' trust.

[ October 09, 2005, 01:43 AM: Message edited by: aspectre ]

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Theaca
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I find it hard to believe that the drug companies keep close enough track of a SINGLE pharmacist to catch the discrepancy earlier. The data would be diluted by his fellow pharmacists in the same pharmacy, and in the same town. Many drugs have several prescribing doses. Maybe more skinny people got X cancer one year. Or more kids. I know drug companies keep track of a lot, but I don't think the amount of monitoring needed to prevent this would be something I want to see put into practice.
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aspectre
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I've been reading about this case from the beginning, Theaca. The pharmacist who was convicted owned the pharmacy.
This isn't a case of an employee able to hide his actions behind a chain store's number of pharmacist-employees.
And the circumstance leading to the criminal investigation&arrest was as I described.

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