Can CVS Larry Merlo go to prison?

[BMBiology]

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If it is proven that he knew cutting hours to the bare bone would harm patients, can he be prosecuted?

 

[PharmtoCS]

His criminal defense lawyer could just place the blame on individual pharmacists and PICs to clear him from the high burden of proof needed to prosecute him for criminal charges.

Civil suits, on the other hands, would be far more likely to succeed.

 

[steveysmith54]

I think as long as there are no restriction as to how many rx an Rph can fill an hour, in the eyes of the law he isn’t doing anything wrong.

 

[confettiflyer]

Theoretically, it would be the company that could be charged with a felony, if a felony did occur. The closest recent case I can think of is United States vs. Pacific Gas & Electric (2007) but there was a clear federal statute that was violated.

In that case, the company was charged, convicted, and fined (since it can’t go to jail).

Executive officers are usually immune from prosecution unless there was malfeasance involved (financial fraud, etc...)

Cutting hours at the top that may eventually result in harm down the road is probably too far disconnected from the criminal act of negligent homicide or manslaughter.

Under strict liability, though, CVS would easily be found liable in civil court.


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[BMBiology]

Theoretically, it would be the company that could be charged with a felony, if a felony did occur. The closest recent case I can think of is United States vs. Pacific Gas & Electric (2007) but there was a clear federal statute that was violated.

In that case, the company was charged, convicted, and fined (since it can’t go to jail).

Executive officers are usually immune from prosecution unless there was malfeasance involved (financial fraud, etc...)

Cutting hours at the top that may eventually result in harm down the road is probably too far disconnected from the criminal act of negligent homicide or manslaughter.

Under strict liability, though, CVS would easily be found liable in civil court.


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Yeah even if they sued Merlo in civil courts and won, CVS would have to pay for it. It won’t be coming out of Merlo’s pocket.

 

[JustFillIt]

Criminally - where is the law?

Civilly - anything goes..

 

[confettiflyer]

Criminally - where is the law?

Civilly - anything goes..

It would require an enterprising US Attorney. My best guess? One can make the case that the systematic reduction of Rph hours is defrauding recipients of Medicare of appropriate clinical decision making by pharmacists as part of their dispense fee and thus conspiring to defraud the United States under the False Claims Act.

But that could basically argue that any medication error on a Medicare recipient, intentional or not, becomes a federal crime.

Yeah, that’s a super stretch.


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[VA77]

This happened in my area where coal companies and their executives do what they want. This event has really changed their tune knowing they could go to prison. Also remember the New England compounding executives.

Donald Blankenship Sentenced to a Year in Prison in Mine Safety Case (Published 2016)

The sentencing of the former chief executive of Massey Energy Company comes six years after an explosion tore through the Upper Big Branch mine, killing 29.

www.nytimes.com

 

[group_theory]

As likely as the ex-CEO of Boeing, along with culpable board members, going to jail for their role in the development/safety (or lack thereof) of the 737-Max

 

[Traziiramate09]

His criminal defense lawyer could just place the blame on individual pharmacists and PICs to clear him from the high burden of proof needed to prosecute him for criminal charges.

Civil suits, on the other hands, would be far more likely to succeed.

This is a load of crap. This is why I regret going into pharmacy and I haven’t even graduated yet

 

[PharmtoCS]

Corporate "politics" are in every industry. It's even worse in professions like law and finance. In corporate law and investment banking, working 80-100 hour weeks is a pretty frequent occurrence. And lets not even speak about the politics that go on in those professions.

They're much less likely to kill someone with an honest mistake and be held personally liable up to going to prison for doing so.