Ian Johnson takes on GSK

Otara pharmacist Ian Johnson is taking a stand on behalf of community pharmacy by taking pharmaceutical giant GlaxoSmithKline to court for the Marevan 3mg recall.

“At times you have to tie a knot in the end of the rope and say that’s enough. And that’s enough,” Mr Johnson says.

Mr Johnson is calm as he prepares for the legal battle, saying he is simply looking to recover costs.

“GSK saying it won’t pay community pharmacy [for their part in the recall] represents  unjust enrichment at community pharmacy’s expense.”

 

Test case

The court action will be used as a test case to determine how future recalls should be compensated, Mr Johnson says.

He is being supported by the Pharmacy Guild, and Annabel Young, guild chief executive, says this court action is well within the budget.

Mr Johnson, who is also president of the guild, says his decision to take on GSK is not on an “altruistic crusade”, but rather a decision he made on behalf of the guild and its members.

“I believe in what I’m representing...But knowing I’ve got widespread support from the members, well I wouldn’t do this if the support wasn’t there.”

At the time of going to print, documents had been drawn up and sent to the district court to be critiqued. They would then be served to GSK.

 

Consumer level recalls

In light of the unprecedented number of consumer level recalls that have occurred this year, three since January, the guild believes there should be sector agreement around how pharmacy is recompensed.

However, the guild says the GSK recall is different from the two Mylan NZ recalls as it posed a heavier burden of work on pharmacists, with no form of compensation.

While Ms Young does not agree entirely with the “barter system” of compensation provided by Mylan NZ – pharmacy received extra products at no cost – she is pleased the company offered something.

During the GSK recall, direct expenses such as courier costs were refunded but no compensation was offered.

At the time of going to print, Geoff McDonald GSK NZ general manager was out of the country but said he was unaware of any further developments with regards to the Marevan 3mg recall. He confirmed GSK’s stance remained unchanged – pharmacists would not get compensated for their time in administering the recall and patient counselling.

 

Pharmacy taken for granted
According to Mr Johnson, GSK asked pharmacists to provide a service, and, as custodians of medicines, pharmacists agreed in order to ensure patient safety.

Warfarin is a drug with a narrow therapeutic index, very patient specific and extreme vigilance in its use is required, he says.

“Pharmacy acted in an effective and efficient manner. Our first priority was patient safety and GSK benefited by that.”

The recall was poorly handled at the outset, Mr Johnson says, but at the time the guild made it clear pharmacists would need to be paid for their role.

“Medicine recalls are not in our contractual relationship, nor are they covered by our dispensing fee,” he says.

“Pharmacy is tired of being taken for granted. It’s unjust.”

<< Back