West Virginia fake Lipitor case delayed by Federal indictment preparation

By Hubert Vigilla

Published on August 08, 2005

On July 25, U.S. District Judge John T. Copenhaver Jr. halted the civil lawsuit of Kanawha County resident Tammy Ashworth at the request of the U.S. Attorney's Office in Kansas City, Missouri. The Attorney's Office argued that unless the court took action to halt the civil case, severe prejudice to the federal government's criminal investigation would be imminent.

According to senior litigation counsel Phillip Eugene Porter, the government is investigating several companies who sold and distributed counterfeit Lipitor including H.D. Smith Wholesale Drug Co. of Springfield, Missouri; Med-Pro Inc. of Lexington, Nebraska; and Albers Medical Inc. of Kansas City, Missouri. Indictments are expected before September 2.

More than 150,000 bottles of fake Lipitor were recalled in 2003. Thus far, eight people have been charged in the federal investigation. There have already been four guilty pleas and one conviction. Of the other three individuals charged, one is currently in plea negotiations, one is awaiting trial, and the remaining individual is believed to be an international fugitive.

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