Colorado doctor Christian Hageseth was sentenced to nine months in prison by a California judge following his plea of no contest to practicing medicine without a license in California. Hageseth was prosecuted as a result of allegedly prescribing Prozac via an Internet pharmacy to Stanford University student John McKay who later committed suicide. As a reminder, [...]
From the category archives:
Court Cases
The final rule on the “Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act” (aka Ryan Haight Act) was published in the Federal Register Monday by the DEA and DOJ. It can be found here. It draws some interesting conclusions with respect to internet pharmacy law, and the new regulations only serve to increase already existing legal ambiguity.
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On Saturday, I noted that the Government moved to dismiss the federal indictment against the remaining internet pharmacy defendants in U.S. v. Hernandez (Dr. Hannibal Edwards, Lawrence Pinkoff, Serge Francois, pharmacy Concept RX, Frank Hernandez and Lifeline Pharmacy, Inc.). Today, Judge Zloch of the Southern District of Florida granted the Government’s Motion to Dismiss. Additionally, as I [...]
The JIVE internet pharmacy trial commenced last Monday in Orlando, FL. Of the original defendants, only Jude LaCour, Christopher Tobin, Akhil Baranwal, James Pickens and Geunnet Chebssi remain. Jude LaCour is representing himself. Jeffrey Lacour, Hudsen Smith, Alexis Roman Torres, Andrew Desonia, Margaret McIntosh and Abel Lau have all pled guilty.
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Recall that last month the Judge in the U.S. v. Hernandez internet pharmacy trial declared a mistrial after numerous jurors admitted to doing their own independent research during jury deliberations. This occurred after the Judge previously dismissed defendants Steve Marhee, Edgar Cruz, Thomas Walker and Everett Echols, M.D. with prejudice after the prosecution commented in closing arguments [...]
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The development of Internet pharmacy law is really only in its infancy. This may come as a surprise to those who have witnessed numerous pre Ryan Haight Act prosecutions over the last five years. While there have been many indictments, convictions, mistrials and acquittals in the past few years, Appellate Courts have yet to render decisions on some of [...]