Pharmacy GSK recall win
October 4, 2011
A NEW ZEALAND court has ruled
in favour of Ian Johnson Pharmacy
over the recall of suspected faulty
medicine from GlaxoSmithKline NZ.
In its case against GSK, Ian
Johnson Pharmacy “sought
reasonable payment” for services
rendered in the wake of the recall
of Warfarin in January 2010.
The furore started when GSK
informed NZ pharmacies of a recall
of batch 35222 of marevan 3mg
tablets (Warfarin), due to a
manufacturing problem which
could have resulted in the quantity
of anti-coagulant in each tablet
being greater than the labelled
amount.
As part of the warning, GSK asked
pharmacies to contact all patients
who had been dispensed the drug
between November 2009 and
January 2010, to advise them to
return the tablets for replacement,
and to contact their prescriber to
determine if their clinical status
needed to be assessed.
In addition GSK asked that all
affected stock be immediately
quarantined, and that pharmacists
complete and return several forms
as well as courier the affected stock
to Healthcare Logistics by 29
January 2010.
In assessing the claim, Judge GA
Andree Wiltens found that a
“reasonable and proper price
should have been paid to Ian
Johnson Pharmacy” for its recall
services.
“The necessity or desirability of
complying with an ethical or moral
obligation cannot be the basis for
disentitling a claim for
compensation for the time/effort
involved in such compliance,” said
Judge GA Andree Wiltens of the
District Court at Manukau .
The Pharmacy Guild of New
Zealand has welcomed the decision
saying it establishes a precedent
that pharmacists can reasonably
expect to be paid when they are
asked to provide services.
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