New civil lawsuits expected in diluted drugs investigation

KANSAS CITY, Mo. -- Missouri health officials will meet this week with federal authorities to plan their response to the widening scope of the Robert R. Courtney drug-dilution investigation.

And lawyers for people who are suing the Kansas City pharmacist say estimates that Courtney's actions could affect up to 400 doctors and 4,200 patients will likely lead to a new round of civil litigation.

On Friday, federal authorities said Courtney may have diluted 98,000 prescriptions in Kansas and Missouri. Previously, Courtney had admitted diluting about 160 prescriptions for only one physician and 34 patients.

Missouri authorities were surprised by the latest report.

"This is a jaw-dropper to see that many folks affected," said Jerry Nachtigal, spokesman for Gov. Bob Holden. "We'll do everything we can to make sure the potentially affected folks are contacted and updated. This is alarming news."

Kansas health officials could not be reached for comment.

Courtney, 49, is being held at a private jail for federal prisoners in Leavenworth. He pleaded guilty in February to 20 federal charges of tampering with, adulterating and misbranding chemotherapy medications. He faces a sentence of between 17 1/2 and 30 years. No sentencing has been set.

On Friday, U.S. Attorney Todd Graves said he had asked state health officials in Missouri and Kansas to help assess the wider health implications of the new information.

Federal officials have said the general plan is to provide state agencies with the best available information on physicians who may have received diluted medications from Courtney's pharmacies. The agencies then would alert the physicians they license and have them evaluate the medical implications and then contact their patients.

Nanci Gonder, a spokeswoman for the Missouri Department of Health, said her department was preparing for a meeting with federal authorities this week and assessing how the agency should respond.

"We're working with the Board of Healing Arts and the Missouri Board of Pharmacy to determine what we need to do, what our role is and what it is we need to do to notify the public," Gonder said.

Calls from lawyers

Courtney's admissions also may lead to more litigation. On Saturday, staffers at a Kansas City law firm that represents 178 plaintiffs with civil lawsuits against Courtney called others who might now have a claim.

"There are several hundred families that we have spoken with who we thought were outside the scope of this problem," attorney Michael Ketchmark said. "Unfortunately, they are not."

With a potential explosion in the number of plaintiffs, any monetary awards that might come from Courtney's assets would be spread thinly. But Ketchmark said that was not important.

"We haven't had a single client ask about the money," he said. "They're focused on making sure there is a system in place to prevent this."