Apothcure, Inc. and Gary Osborn, the companys owner, president, and chief pharmacist, were charged with distributing misbranded
Question:
Apothécure, Inc. and Gary Osborn, the company’s owner, president, and chief pharmacist, were charged with distributing misbranded drugs, and violating the FDCA, after the company sold super- and subpotent vials of colchicine, a drug commonly prescribed to treat arthritis and neck and back pain, to a Portland, Oregon, hospital. The hospital administered the drugs to three patients, all of whom died. Osborn was responsible for Apothécure’s employee training and product quality control, but there was no evidence Osborn engaged in illegal conduct. Indeed, the government did not allege that Osborn knew the drugs were illegal.
CASE QUESTIONS 1. What is the government’s theory of the case as to why Osborn was charged?
2. Who prevails and why? Explain your answer.
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