Trial set in first civil suit against KC pharmacist

KANSAS CITY, Mo. -- The first trial stemming from hundreds of civil lawsuits against Kansas City pharmacist Robert R. Courtney and two drug manufacturers is scheduled to begin Oct. 7.

Georgia Hayes, who suffers from ovarian cancer, alleges that Courtney supplied her with diluted drugs and that Eli Lilly & Co. and Bristol-Myers Squibb knew or should have known of the dilution scheme but failed to take steps to prevent it.

While the lawsuits move ahead in civil court, the government moved to begin seizing Courtney's property. On Friday, the government seized $197,000 from Courtney. FBI spokesman Jeff Lanza said the money would be added to a restitution fund for victims. The fund already has $6 million of Courtney's money. The government estimated Courtney's estate at about $10 million when he was arrested last August.

No amount of money would be enough to compensate victims, he said, "but it's a good starting point." Lanza said the government would continue to seek some of Courtney's other assets, possibly including vehicles and real estate.

The date for the start of the civil trial was set Thursday by Jackson County Circuit Judge Lee Wells. The trial, expected to last two to three weeks, could provide an early indication of whether the other cases are likely to be tried, dismissed or settled.

Courtney pleaded guilty in February to 20 federal charges of tampering with, adulterating and misbranding chemotherapy medications. He faces between 17 1/2 and 30 years in prison, with no date set for his sentencing.

Courtney has now admitted diluting 72 drugs, dating back to at least 1992. Federal authorities have suggested the scheme may have affected as many as 400 doctors, 4,200 patients and 98,000 prescriptions.

Others 'ready to go'

A key question regarding the civil lawsuits is whether Lilly, which makes Gemzar, and Bristol-Myers, which makes Taxol, can be held liable. The plaintiffs argue that the drug makers had sales data showing Courtney sold more of their cancer drugs than he bought.

But Lilly and Bristol-Myers said they didn't know about Courtney's scheme any more than the doctors who used the drugs to treat their patients. The companies also say that they can't be held liable for the misuse of their products once they leave their hands.

Grant Davis, who represents Hayes, told the judge Thursday that once the Hayes case is tried, "we have five others ready to go."