Pharmaceutical Whistleblower Case (Fired)

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dsoneil

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his is an example case of what can happen when you become a whistleblower. This story has all of the issues such as lawsuit threats, publication bans and obvious deception.

Two years ago I 'blew the whistle' on my employers, both of whom were pharmacists. The companies they owned, Canadian Apothecary & Sovereign Pharmaceuticals, were violating a significant number of laws with regards to the manufacturing and dispensing of drug products. This has resulted in the termination of my job, three lawsuit threats and a good amount of hardship.

The following 7 areas of major concern were identified by Health Canada, in May 2003, when they investigated my original complaint:

1. Sales of prescription products without a prescription (over 13,000)
2. Advertising of Schedule F (prescription) drugs
3. Advertising of compounding services respecting specific drugs
4. Schedule A (Health) Claims on monographs, products and website
5. Products Not Subject to Special Measures (No DIN's)
6. Specific Issues with various products
7. No Establishment Licencing / Not Good Manufacturing Practices (GMP) Compliant

After the Health Canada investigation, I was informed that Health Canada didn't have jurisdiction over pharmacies and that I should contact the Ontario College of Pharmacists (OCP), which I did.

I filed a complaint, with the OCP, in June 2003. I received a response indicating that the OCP would look into my complaint and that the investigation would be handled within 120 days. I followed up in October 2003 and was told that the investigation hadn't started yet, but would be completed by the end of October 2003. In January 2004 I followed up and was told that the investigation had not started but would begin in the next few weeks. This went on for an additional two plus months. All of the emails and some of the recorded telephone conversations are available at www.snakeoil.ca detailing these events.

In April 2004 I decided that it would be best if I spoke with the Manager of Investigations at the OCP (Claudia Skolnik). By this time it was 270 days since I filed my complaint. This is 150 days longer than the legislative requirement to complete all investigations within 120 days.

During my phone conversation I was lectured on how it was inappropriate for me to want to speak with her. At one point she stated she "no longer wished to speak with me" and just about hung up the phone. Luckily I was smart enough that I recorded my phone conversation. At this point an investigation was reluctantly started.

In a follow up complaint with the Health Professions Appeal and Review Board (HPARB) regarding the OCP's excessive delay in getting the investigation started, the OCP outright lied in their response. They stated the reason for the delay was because they were coordinating their efforts with Health Canada. I have an official statement from Health Canada that clearly rebukes this answer. Health Canada has stated that they did coordinate their investigations with the OCP. There is a serious issue here and the OCP is trying to deceive the HPARB and myself about why the investigations was delayed.

It however has taken an additional 6+ months to receive the investigation report/results. The report concluded that the two pharmacists will not be receiving any punishment, even though Health Canada had independently verified seven serious issues, including three independent complaints about their business practices. The OCP states that because the pharmacists have corrected all of the issues they do not need to be punished. I believe that if someone commits the crime they should pay the time.

I have a significant amount of evidence to backup my claims including audio recordings with my former employer where he states that "he works in an ethical gray area". I also have pictures, documents, Health Canada documents and statements, databases and legal threats made by my former employer.

I have spent almost two years trying to help the victims of the health fraud committed by my former employer, however it looks like they will be allowed to continue to operate their business without any penalty. It would be a great injustice if the Polcz brothers were allowed to continue to fleece thousands of people.

You can also find more information at the following website, www.snakeoil.ca, which contains a detailed description of the events, a good portion of the evidence and correspondence, including the pictures and audio recording that I mentioned above.

Sincerely,
_________________
Darcy S. O'Neil
http://www.snakeoil.ca
 
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