HIGH COURT proceedings brought by the HSE aimed at compelling more than 30 pharmacies to continue to provide medicine to the public under the terms of the community drugs schemes have been adjourned until September.
In the High Court on Friday, the HSE secured an interim injunction against 35 pharmacies in Hickey Group and the Bradley Group of pharmacies.
The HSE sought the order due to what to what it claimed is the “grave risk” to public safety due to the failure of the pharmacies to give notice that they have ceased providing drugs and medicines in accordance with the terms of community pharmacy contractor (CPC) agreements.
Ms Justice Mary Irvine heard yesterday that both parties were agreeable for the matter to be adjourned to September 9th, with the terms of the order to remain in place. The court was also informed that the pharmacies were now operating the terms of the CPC agreements.
The court heard that lawyers for the defendants wished to study the HSE’s affidavit before making a reply and were consenting to the adjournment until September 9th.
Under the terms of the injunction, 35 of the group’s pharmacies must continue to provide services to the HSE pending the service of a notice of termination to continue to provide those services in accordance with the terms of the Community Pharmacy Contract.
Previously Mr Justice Garrett Sheehan had granted the HSE an injunction against the two groups, which are separate to each other, who operate pharmacies in counties Dublin, Kildare, Meath, Louth, Wexford and Wicklow.
Seeking the order, barrister Eileen Barrington for the HSE said the executive had come to court amid fears that patients may not be able to obtain medicines from the defendants without having to pay for them or at all. This carried a risk of endangering the health of people who participate in the various schemes.
Ms Barrington said the defendants did not give notice that they intended to cease to provide services. The HSE wrote to all pharmacists requesting confirmation that would continue with the scheme after August 1st.
Ms Barrington said that after the Government announced in the 2009 Financial Emergency Measures in the Public Interest Act it was cutting the enumeration paid to pharmacists under the CPC agreement, many contractors announced they were withdrawing from the scheme.
However she said neither of the two defendants gave the required 30 days notice that they intended to withdraw from their respective agreements with the HSE, so it was assumed they would continue to provide services after August 1st.
Ms Barrington said the HSE included on its website the names of all the pharmacies which had not terminated their contracts, in order to assist the public. She said the defendants’ names appeared on the site because the groups had not validly terminated their contracts.
It was the HSE’s claim, she added, that 21 out of the 27 pharmacies in the Hickey Group and 14 out of 16 of the pharmacies with the Bradley group were not complying with the CPC agreements.