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PHPC Urges Government to Enforce 340B Anti-Diversion Law
On May 11, 2006, a mistrial was declared in the federal case of
Dr. Joseph Rudolph, a Pittsburgh-area physician charged with
illegally distributing discounted drugs without a wholesaler's
license. Dr. Rudolph's clinic is affiliated with Aliquippa Community
Hospital, a disproportionate share hospital participating in the
Public Health Service 340B program that is not a member of the
Public Hospital Pharmacy Coalition (PHPC). Dr. Rudolph was accused
by the government of illegally selling pharmaceuticals obtained
through the 340B program to oncology clinics throughout the country
and was tried under the Prescription Drug Marketing Act for running
an unlicensed wholesale distribution operation. A twelve-person jury
was unable to reach the unanimous verdict necessary to convict or
acquit Dr. Rudolph of criminal charges. Accordingly, the presiding
judge declared the court proceedings to be a mistrial. The case is
expected to be tried a second time, before a new jury, commencing
next month on June 12. |
