By Walter F. Roche Jr.
Two pharmacists, who were employed by a rogue Massachusetts drug compounding firm are asking an appeals court to overturn their convictions for intentional violations of a federal drug statute.
Kathy Chin and Michelle Thomas will take their case next Wednesday (May 5) before the First Circuit Court of Appeals in Boston, Mass. The two were convicted of violating the Food Drug and Cosmetic Act with intent to defraud or deceive.
Chin, who was convicted of committing four violations of the law, charged in her appeal that she was not acting as a pharmacist when she approved the shipment of drugs precribed for fake named patients.
Through her attorney, Joan Griffin, Chin argued that she was nothing more than a shipping clerk at the New England Compounding Center, checking to see that the right drugs were being sent to the right address.
"The government has no evidence that Kathy Chin even saw a fake name," the appeal states.
Chin and Thomas were among 14 people connected to NECC who were indicted in 2014 following a two year probe of the deadly 2012 fungal meningitis outbreak caused by contaminated drugs produced by the now defunct firm.
Chin and Thomas were not involved in handling the steroids that caused the outbreak but were charged with sending out drugs prescribed for patients with names like Filet O. Fish and L.L. Bean.
Both Chin and Thomas charged that trial testimony by an official from the Masachusetts Board of Pharmacy should have been excluded. Samuel Penta testified that under Massachusetts law and regulations the two were required to certify that the drugs were being issued with legitimate prescriptions.
Griffin noted that at one point U.S. District Judge Richard G. Stearns dismissed the charges against both Chin and Thomas. His decision was reversed and the charges were reinstated by the same court now hearing their appeals.
Michael Bourbeau, Thomas attorney, noted that Thomas herself raised questions to her superiors about a name that was obviously fake. As a result, the appeal states, the name was corrected.
The appeal states that none of the evidence showed Thomas had any criminal intent.
"Neither Chin or Thomas were parties to any of the emails or discussions" in which other NECC employees discussed a scheme to ship drugs for fake named patients.
Following their convictions Chin and Thomas were sentenced to probation with no jail time.
Contact: wfrochejr999@gmail.com
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