In a car, to which Efe has had access, the magistrate of the Court of Instruction number 4 of Torrelavega exempts the pharmacists who prepared the master formula against gastric reflux that the children ingested, and that should have taken omeprazole instead of Minoxidil (active ingredient that stimulates hair growth).

The magistrate also orders the Spanish Agency for Medicines and Health Products (Aemps) to send a copy of the file that led to the withdrawal of the batch of omeprazole.

At the end of July it was learned that the families of four of the affected children, all under one year old, had filed a criminal complaint in the courts of Torrelavega, although the latest data from the Ministry of Health indicate that there would be 20 cases and not only in Cantabria, but also in Andalusia and the Valencian Community .

Against a laboratory

That complaint of July was directed against a laboratory, importing and distributing companies of medicines and two pharmacies in Cantabria for manufacturing, distributing and selling a crepe product that were supplied by mistake to these minors.

In the complaint, filed by Francisco Javier Díaz Aparicio's office, crimes against public health and injuries were attributed to them, and it was also requested that the Aemps and the Cantabrian Government be cited as subsidiary civilians .

Crime for changing the active substance

In the order, the holder of the Court of Instruction number 4 of Torrelavega determines that the facts presume that a crime has been committed , since it has been marketed as if it were omeprazole, which is administered in cases of gastric reflux, an active principle different, minoxidil, a vasodilator.

Therefore, the judge understands that it is necessary to initiate previous proceedings and practice the necessary actions to determine the nature and circumstances of the event and the people who participated in it.

But he understands that it is not appropriate to investigate pharmacists , as requested in the complaint of those affected, because "if what appeared to be that a particular lot had one medication for another, in principle neither the pediatricians who prescribed it nor the pharmacists who they made the suspension, since it was about making it for very young children, they have in principle knowledge and willingness to know that what comes in a box announced as an active ingredient actually has a different content. "

Not required of pharmacists

"In principle, pharmacists are not required to make a chemical analysis of each batch of medication that comes into their hands to determine if it is chemically a molecule or another . Having said that, it would be the responsibility of the legal persons denounced." , says the judge in the car.

He adds that it must be taken into account that legal persons only respond to certain criminal types, and that in principle the behaviors described in the complaint would not fit into any of them.

The magistrate points out that "that does not mean that there may be people specifically responsible in their organization chart, and that companies have civil responsibility where appropriate."

The judge orders a series of proceedings , the first one that those who have impelled this process ratify their complaint and that they are offered to take legal action. He also asks them that if they still have in their possession remains of the master formula, they will deliver it to the Court to send it to the National Institute of Toxicology for analysis.

According to the criteria of The Trust Project

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  • Cantabria
  • Andalusia
  • Valencian Community
  • Health

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