NewsMarch 3, 2002
KANSAS CITY, Mo. -- Delia Chelston believes diluted chemotherapy drugs from Robert R. Courtney's pharmacy hurt her chances of recovering from ovarian cancer. Courtney has agreed that much of his wealth should compensate victims like Chelston. But she doesn't expect much, not after his more than $8 million is divided between hundreds of potential victims...
By Clayton Bellamy, The Associated Press

KANSAS CITY, Mo. -- Delia Chelston believes diluted chemotherapy drugs from Robert R. Courtney's pharmacy hurt her chances of recovering from ovarian cancer.

Courtney has agreed that much of his wealth should compensate victims like Chelston. But she doesn't expect much, not after his more than $8 million is divided between hundreds of potential victims.

"We're going to be left with nothing but our horrifying thoughts and ... a bag of potato chips and a Coke," said Chelston, 67, of Independence, whose life remains at risk from the disease.

Courtney, 49, avoided trial by pleading guilty Tuesday to 20 counts of tampering with and adulterating or misbranding the drugs Gemzar and Taxol. The druggist apologized to his victims, saying he couldn't explain why he weakened the drugs.

In an earlier confession, Courtney said he did it because he owed $600,000 in taxes and $330,000 on a $1 million pledge he had made to his church.

He admitted to diluting medications 158 times for 34 patients. But the final number of victims, which has yet to be determined, could be in the hundreds.

And legal scholars said the complexity of the case could erode the restitution fund as fees for attorneys and outside legal advisers soar.

'Never enough money'

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All this raises the importance of civil lawsuits targeting deep-pocketed drug companies and Courtney's pharmacist insurance policy, said Nicolas Terry, law professor and director of the center for health law studies at St. Louis University.

"The sad reality is that even though there are some substantial resources here, there is almost never enough money to satisfy all the victims," said Steve Easton, a law professor at the University of Missouri-Columbia and a former U.S. attorney in North Dakota.

About 300 lawsuits have been filed against Courtney and his pharmacy, and about 200 of them also name drug makers Eli Lilly Co. and Bristol-Myers Squibb Co. as defendants.

Facing the lawyers and court are complex and disturbing questions about the value of life and how much victims or their families deserve when it is cut short or its quality is diminished.

Drafting a plan

Terry said attorneys' fees could mount while the judge addresses those questions.

If legal fees eventually exceed the $1.5 million from Courtney's frozen assets that were already set aside for payment, lawyers may seek more money from the restitution fund, said Courtney attorney Brian Fries.

With all that in mind, attorneys in the case are drafting a plan that they hope will expedite the distribution of Courtney's wealth, keeping costs down and ensuring that all victims get their due.

Under the attorneys' plan, the judge would use various factors to measure the harm done to each potential victim, said Courtney attorney Jean Paul Bradshaw and Michael Ketchmark, lawyer for 173 victims or their families in lawsuits against the pharmacist.

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