Case against pharmacist who refused EpiPen struck out

A charge of poor professional performance against a pharmacist who refused to dispense an EpiPen to the mother of a teenager who later died of anaphylactic shock has been struck out.

The fitness to practise committee of the Pharmaceutical Society of Ireland has acceded to a request by lawyers for pharmacist David Murphy that he has no case to answer.

The girl's mother, Caroline Sloan, criticised the decision of the committee and told Mr Murphy she held him responsible for her daughter's death.

Mr Murphy, a pharmacist at Hamilton Long on O'Connell Street in Dublin, did not give evidence in the hearing, which began on Monday.

Emma Sloan died on a Dublin street in December 2013 after eating a peanut-based sauce at a Chinese restaurant. The inquiry was examining an allegation of poor professional performance against Mr Murphy.

It is claimed that he failed to respond adequately when declining to give her mother, Caroline Sloan, an EpiPen because she did not have a prescription for her daughter. EpiPens are used to treat people suffering from anaphylactic shock.

Committee chairman Denis Doherty said that after looking carefully at the allegation in the case and the supporting evidence, it had unanimously decided that the relevant principles of law could not allow a finding of poor professional performance.

He said the committee had particular regard to evidence the Mr Murphy told Caroline Sloan at an early point in their conversation to bring her daughter to an A&E.

After Mr Doherty announced the committee’s decision, Ms Sloan asked him to explain it, saying she didn’t understand. Mr Doherty replied that his report had been delivered and he was not in a position to elaborate.

Pointing to Mr Murphy, Ms Sloan said: “Are you saying this man is not answerable to anything?

“You are responsible for my daughter’s death and you have to live with that for the rest of your life,” she added. “You think your life is an ordeal; try living mine for one week.”

Ms Sloan continues: “This was just a farce. There was too much publicity around the case...You were never going to pay, you were never going to do anything.”

Eileen Barrington SC, for the registrar of the society, then asked for an adjournment to allow the registrar talk to Ms Sloan and communicate the decision to her.

Prescription

It was claimed that Mr Murphy failed to respond adequately when declining to give Ms Sloan an EpiPen because she did not have a prescription for her daughter. EpiPens are used to treat people suffering from anaphylactic shock.

Ronan Kennedy, barrister, for Mr Murphy, said the evidence presented by the registrar of the society against his client was not sufficient to allow for a finding of poor professional performance.

He said the evidence adduced during the hearing was of a tenuous nature.

Mr Kennedy said his client faced a single allegation that he failed to carry out an interview with Ms Sloan when she came into his shop. The committee would have to satisfy itself beyond reasonable doubt that Mr Murphy failed to carry out the interview.

He pointed out there was a conflict of evidence over what has occurred.

Ms Sloan had said she referred to her daughter having an allergic reaction when she sought to buy the EpiPen, but the evidence of staff was that she did not refer specifically to her daughter.

Mr Murphy suggested she call an ambulance, but Ms Sloan said this never occurred, according to counsel.

Prof Stephen Byrne, head of the school of pharmacy in UCC, who appeared as an expert witness for the society, said it was his view that Mr Murphy’s actions in this case amounted to poor professional performance.

He should have interviewed the patient and established the clinical facts so he could come to an informed decision.

However, Mr Kennedy said there were “fundamental deficits” in Prof Byrne’s evidence and it should be disregarded in its entirety.