Jurors deadlocked in trial of Pleasant Hills doctor on drug distribution charges
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They deliberated for 19 hours over four days. They considered the testimony of 25 witnesses. They reviewed hundreds of exhibits. In the end, though, none of that was enough to help the jury of seven men and five women reach a unanimous decision in the criminal case against Pleasant Hills allergist Dr. Joseph Rudolph. He is charged in federal court with one count of illegal wholesale distribution of prescription drugs, a felony punishable by up to 10 years in prison. His trial, which began April 24, put a spotlight on the federal 340B program, which allows hospitals that serve low-income communities to obtain prescription medications at a steep discount. The U.S. attorney’s office would not comment on whether it plans to retry Dr. Rudolph. In the event there is a retrial, U.S. District Judge Arthur J. Schwab set it for June 12. Dr. Rudolph’s defense attorney, Fred Thieman, said he will continue to fight the charge. “I don’t think it’s an appropriate criminal case,” said Mr. Thieman, who in dozens of cases has never had a hung jury. “In our opinion, the jury’s difficulty proves that.” Over their four days of deliberations, the jurors took seven votes, said Donna Vaughn, the foreperson. The tally never changed from the first to the last, she said. She would not reveal the split. “I don’t think they could have gotten 12 more determined jurors,” Ms. Vaughn said. “We were disappointed we couldn’t reach a decision.” She said some jurors viewed the case as the “government vs. this little person.” “I’m sure in some people’s minds, that made a difference,” she said. The prosecution tried to convince the jury that Dr. Rudolph abused the 340B program, participating in it out of greed. Assistant U.S. Attorney Shaun Sweeney said that the victim in the case was the pharmaceutical industry. But Mr. Thieman painted a different picture for the jurors, telling them that the only reason his client was even charged was because pharmaceutical companies went to the FBI to complain. Dr. Rudolph ran the program locally through Aliquippa Community Hospital. The hospital obtained cancer medications at low cost from pharmaceutical companies and then sold those to oncologists across the country. The hospital made money through the 340B program, which is permitted under the regulations. One of the sticking points during the trial was whether Aliquippa Community Hospital was serving its own patients — a requirement of the program. Dr. Rudolph claimed that conducting video teleconferences with oncology patients across the country on potential drug interactions made them part of the hospital’s patient list. But the prosecution disagreed, saying that a 90-second conversation and a paper file are not enough to create a patient relationship.] Source : post-gazette.com |