CLEVELAND, Ohio — An area pharmacist who played a role in the death of a 2-year-old girl will spend six months in jail.
Eric Cropp in February 2006 approved a pharmacy technician’s fatal saline solution for 2-year-old Emily Jerry, who was on her final phase of cancer treatment at University Hospitals Rainbow Babies & Children’s Hospital.
Cropp was later charged with reckless homicide and involuntary manslaughter. In April, he plead no contest to the latter charge. He could have served five years in prison.
Instead, Cuyahoga County Judge Michael J. Corrigan on Friday sentenced Cropp to six months in a county jail, six months of home detention, three years of probation, 400 hours of community service and a $5,000 fine as well as court costs. Corrigan also wanted Cropp to work with professional organizations to learn from the error.
The final results of the case highlight a stark contrast between the public and prosecutors, who saw the case as justice served, and pharmacy groups that considered the case, at most, a civil matter that because it was handled criminally threatens to damage the industry.
The family of Emily Jerry, a sweet, sunshine-haired, 2-year-old who had beaten cancer, and the county prosecutor accepted the verdict but had hoped for a stronger sentence. Assistant County Prosecutor James A. Gutierrez said the case should be a “wake up call” for medical professionals that “society is not going to accept this kind of behavior.” He called Cropp arrogant, and that he effectively “blew through 10 stop signs.” If Cropp had stopped at one of them, Gutierrez said, the outcome would have been different.
Audio: Listen to Eric Cropp and Kelly Jerry, Emily’s mother, address the court on Friday.
But Gutierrez stressed a line between this case and the idea that the county would want to “criminalize malpractice.” Prosecutors could charge Cropp because the saline solution was mislabeled — a minor misdemeanor that allowed for the broader felony charges.
“The notion we’re criminalizing medical malpractice is a red herring,” Gutierrez said.
Pharmacy trade groups, though, called the prosecution inappropriate and unwarranted. They are preparing a federal pushto try and provide a level of immunity for pharmacists in accidental cases. The say cases like Cropp’s could make pharmacists less likely to report errors and slow systemic change — outcomes that are likely to prevent future tragedies, the institute stated.
“I think the prosecutor has one thing right: all health-care providers should pay attention to this and should be afraid,” said Kelly Vyzral, director of government affairs for the Ohio Pharmacists Association. “This is a terrible precedent to set. You are dealing with human beings and dealing with human error.”
Michael Cohen, president of The Institute for Safe Medication Practices in Philadelphia, called the decision a “disaster” and a “disgrace.”
“I can see really bad things happening in health care because of this,” Cohen said. “This is going to get beyond Cleveland, that’s for sure.”
The Jerry case has sparked reform of pharmacy technician practices along with the prosecution of Cropp, who was stripped of his license in 2007 for his error and 15 subsequent unrelated errors. Ohio legislators passed Emily’s Law, which created licensing and minimum education requirements for pharmacy technicians — a change largely cheered by educators and others in the local industry. A federal version has been introduced.
Also, State Sen. Tim Grendell, who sponsored Ohio’s version Emily’s Law, this year introduced legislation to criminally punish pharmacists who don’t report errors in dispensing dangerous drugs to patients.
[Photos courtesy of Flickr user steakpinball and Wikimedia Commons]
By Chris Seper MedCity News
Chris Seper is the CEO at MedCity Media, which publishes MedCityNews.com. He is also a senior writer at MedCity News. Reach him at chris@medcitynews.com.More posts by Author
I just hope that one day when the prosecuter makes a mistake, say going after an innocent man, that no one decides to take him to court and have him spend time in prisson. Of maybe this should happen. I feel for the families loss but to hold the actions of a medical practicioner to criminal level accountability without proving malice is a scary precident. If I was a younger man I would be scared to get a degree in any medical field knowing that over-zealous people like he and the judge are around. It is easy to judge one based on the emotions of the grieving family and not clear legal concepts. Mr. James A. Gutierrez you scare me more than a bus full of terrorists.
We are all missing the most important issue here. WHY ARE WE ALLOW A TECHNICIAN INSTEAD OF A PHARMACIST TO COMPOUND DRUG??!!!! IT SHOULD BE AGAINST THE LAW FOR ANY NON LICENSED PHARMACIST TO COMPOUND DRUG..ESPECIALLY IV..FOR PATIENTS. I am a 15 years licensed pharmacist working in the hospital. I always felt very angry whenever they rotate me to go work in the IV room instead of outpatient clinic. They hired one pharmacist and 3 technicians and that one pharmacist are responsible in checking the work of the technicians. How am I going to check??? The technicians can put 2 banana juice into the iv bag and I wouldn’t be able to check. I can only check the bag visually and rely on the technician being competent enough to inject the right thing and right amount…which he claimed…into the bag. IT IS SO SCARY!!!!! The technician is not responsible..only I am responsible because I supposed to be CHECKING..a licensed pharmacist. And I am as a pharmacist are not suppose to compound any drug because THERE IS NO TIME!!! IT IS SO BUSY IN THE PHARMACY…SIX HUNDRED ORDERS..AND NON STOP PHONE CALLS FROM THREE PHONES INQUIRING PHARMACIST FOR DRUG INFORMATIONS…THAT IS WHY THE HOSPITAL HIRED 3 TECHS TO HELP ME. I AM SUPPOSE TO CHECK THEIR WORK. I think the US government and management of the health care should be sued for running our healtcare system like this. They want to spend less money cutting cost on hiring staff. Replacing pharmacist with non licensed people called technicians. A licensed technician is not equal to a licensed pharmacist. This is what our government is doing.
Well, I won't dignify the awful scribblings of the person above me with any response. I too am a pharmacist and have to agree with my fellow pharmacist and lawyer. He got 6 months because he plead no contest which put him in front of the firing squad. His lawyer likely told him his options and he went with the one which likely would have let him to the smallest amount of jail time. Still a tragedy for the little girl and a HUGE miscarriage of justice for the pharmacist. In the due practice of any medical profession there is always risk. From the risk of the actual procedure to the filling of the prescription afterward to even slipping on freshly waxed floors leaving the hospital where a poorly trained janitor forgot to put up the slippery signs....however, none of these warrant jail time. When we feel that in the due practice of a medical profession that jail time is the right way to go after an ACCIDENT occurs...we have now crossed into a very scary place for our medical system. I am embarrassed for the Ohio Pharmacy Board and our legal system. Was this judge the guy who awarded the old lady a million dollars for pouring hot coffee in her crotch or what?
well. thats why supervisors get paid much more. they suppose to " SUPERVISE" other technicians.well its nice to get paid isnt it? you can go out and spend such but there is a catch to it" you should prevent event such as this" there is no excuse for this kind of thing. Someone "DIED" due to overlook. well he only got 6 month I thihnk is pretty fair. however, since supervior did not diretly responsbile, technician needs to be in jail for longer time. He or she didnt follow the order corretly. if this was doctor nad nurse case both will be in jail. poeple complain certain people get paid alot but again there is "catch" to why such a position get paid alot. everything has its price.
As a pharmacist and a lawyer I was appalled to hear about his case. However, if the above article is correct the pharmacist PLED NO CONTEST to the charges. There was no trial - there was no verdict. Once the pharmacist pled to the charge of reckless homicide and involuntary manslaughter, the judge had to sentence him to something. Additionally, the pharmacist's right to an appeal is severely limited after a plea. This appears to me to be a case where the pharmacist was scared to death by the prosecutor's threats, he was distraught over the case itself, and he probably didn't receive the best legal advice. Even if the pharmacist had been convicted by a jury verdict, there is a substantial chance that his conviction would be reversed on appeal. If the State of Ohio decides to criminallly prosecute criminally all the medical professionals who make gross errors in judgment they better start building more jails.
What a miscarriage of justice this case has been. As an Oncology Pharmacist in a major medical center in the state of Ohio for 20+ years, mistakes happen. Unintentional of course, yet they still happen. Pharmacists are human too. They are mothers and fathers with children of their own. There but for the grace of God go any of us in the pharmacy profession. Upon graduation, pharmacists recite an oath: Oath of a Pharmacist "I promise to devote myself to a lifetime of service to others through the profession of pharmacy. In fulfilling this vow: • I will consider the welfare of humanity and relief of suffering my primary concerns. • I will apply my knowledge, experience, and skills to the best of my ability to assure optimal outcomes for my patients. • I will respect and protect all personal and health information entrusted to me. • I accept the lifelong obligation to improve my professional knowledge and competence. • I will hold myself and my colleagues to the highest principles of moral, ethical and legal conduct. • I will embrace and advocate changes that improve patient care. • I will utilize my knowledge, skills, experiences, and values to fulfill my obligation to educate and train the next generation of pharmacists. 17 I take these vows voluntarily with the full realization of the responsibility with which I am entrusted by the public.†What happened to this child and her family is very, very tragic. But placing this pharmacist in jail and stripping him of his career and means of making a living, will neither bring her back to life or protect the public from future medical mistakes. This pharmacist will think about this tragedy every single day for the rest of his life. Yes there are bad apples in any group of professionals, but Eric Cropp is not one of them. He failed to pick up on what would be a tragic mistake. I am most diappointed with the Ohio Board of Pharmacy. Many in the pharmacy community are calling them a "kangaroo court" that bowed to political pressure instead of concerning themselves with how their decision will damage the profession of pharmacy in the state and even nationally. They should be ashamed of themselves. It leaves a black eye on the profession of pharmacy in the state of Ohio.
Pharmacists are really "whipping boys" for everyone, from pharmacy administrators, nurses to doctors.
So, the final outcome, is he really in jail now? Judges' are supose to use good judgement, is this a good judge?
Absurd. I am a pharmacist and a mother. I am a mother first and foremost so my heart goes out to this family, but this is an atrosity that should never have been allowed to go this far. Ok the parents are caught up in their grief, but it is extremly difficult to imagine what the prosecutors who brought this case to criminal trial were thinking. They obviously were not thinking about the fallout and overall effects their actions could have on the healthcare profession. Ohio should be embarrassed!!!! After everything is all said and done, and the damage has been made to the provision of health care, this child is still gone forever. This will not make it better. How did they prove malice intent? This is absolutely ridiculous. SHame shame shame on the prosecutors and the court system that allowed this to happen.
I did not hear the whole story but I find it difficult to believe this pharmacist intentional created a medication error in order to do harm. That is what this prosecution says. The technician is most obviously the guilty party as she did intentionally let an error go through. That is the more reprehensible crime. Most of us in professions that could do serious harm is we do something wrong are sick about errors that never get near a patient. If I thought I could go to jail for something unintentional, I would get out of the profession immediately. More would do the same and in the end more people would be hurt by a professional shortage. I can appreciated the parents wanting retribution but this does nothing to resolve the problem.
This is outrageous! How can the judge or prosecutors not know the difference between civil and criminal law!???
This is a travesty. I have all the sympathy in the world for the patient's family. However, if this was an honest mistake , it should not be punishable by jail time. What other occupations punish a worker for a mistake. It obviously was not intentionally.
Eric Cropp did act with willful negligence and that is criminal. A prosecuter could have determined to spend time and effort on other criminal cases but Cropp's case was a slam dunk convictiono with a lot of media coverage. Katie Dudash admitted she knew the iv solution was wrong and passed it on instead of dumping it down the drain. Mr. Guierrez could have prosecutted Dudash but would lose a witness against Cropp. A case against Dudash would have been much more difficult to prosecute compared to case against Cropp. Emily's law is a good thing and will help to prevent Dudash like behavior. Neither Cropp's conviction nor Emily's law eases the pain in the hearts of those who loved Emily. It may feel better for a moment or two but the pain returns. Nothing, not even time can erase this pain.
I think pharmacists are being singled out by the proposed Ohio law. How about if the pharmacist is required to report all the errors doctors make that the pharmacist catches and corrects EVERY day. It might shed some light on how haphazardly doctors treat prescriptions. They must figure someone else will catch their errors.
Look at the history. Criminal prosecution is warranted in this case.
Why is it that this case as been process this way, in contrast to other "true ciminals and criminal charges" that are punished with lesser charges.
The pharmacists are being abused to the point of criminality by the hospitals, the big drugstore chains ( we all know who they are without being named here)where they are being treated like robots and are required to maximise the throughput of prescribtions without being given sufficient help and time to do their work properly as they were trained to do.And in this kind of work environment errors inadvertantly can occur.
The pharmacy technician is not being punished because technicians are not allowed to make judgement calls. That is the sole responsibility of the pharmacist. However, perhaps the case is that the pharmacist, like all other health care professionals, is being pushed to do to much in too little time. Errors are bound to occur in this setting
Why is the pharmacy technician not being punished too?