NZ Guild takes GSK to court
May 24, 2010
THE President of the New
Zealand Pharmacy Guild has
served a civil notice of claim on
GlaxoSmithKline over a drug recall
earlier this year.
Ian Johnson owns Johnson’s
Pharmacy in the Auckland suburb
of Otara, has initiated the claim as
a test case over the amount of work
which was required of pharmacists
as a result of the recall.
GSK in NZ withdrew a number of
batches of the anticoagulant
Marevan (warfarin) in January, due
to a manufacturing error, which
meant that some 3mg tablets had
incorrect dosages.
Johnson said that as a result he
had to contact seven patients and
explain the issue, dispense
replacement tablets, liaise with GPs
and complete paperwork.
He’s invoiced GSK NZ$395.10
for the work, but the manufacturer
has refused to pay the bill, he said.
“I accepted that I had a
professional duty to safeguard my
patients,” he said.
“But I also saw this as GSK,
whose medicine this was, asking
me in my professional and business
capacity to do work for them -
necessary and urgent work.
“I expected that I would be paid
reasonable compensation for my
work,” the Guild President added.
NZ Guild ceo Annabel Young
said the organisation had estimated
the recall had cost pharmacies
about NZ$47 per patient.
“Community pharmacists’
primary concern is patient safety,
and they have an ethical and moral
duty to look after their patients’
health first. They stepped up to the
call and utilised their time and
expertise to help swiftly resolve this
serious problem.
“Can a big business, which has
had to recall potent medicines,
request urgent services, take the
benefit of the services and then
refuse to pay?” she said.
“It is a very serious question and
we would welcome a judicial
decision on this point of law”.
Young said many Guild members
had spent hours on the recall and
had a reasonable expectation that
their costs should be covered.
“This is why the Guild has
decided to place significant
investment in this court action on
behalf of all our members,” she said.
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