Filing Alleges 2 Firms Knew of Diluted Drugs

Internal documents show two drug companies knew a pharmacist was diluting cancer drugs as long as three years before his arrest, according to a motion filed by patients’ attorneys.

The motion said neither Eli Lilly & Co. nor Bristol-Myers Squibb Co. contacted the government about its discovery about Robert Courtney. The former Kansas City, Mo., pharmacist pleaded guilty in February to 20 federal criminal charges of tampering with, adulterating and misbranding chemotherapy medications.

According to the motion, the companies detected possible fraud in 1998 using tracking systems that determine where their drugs are being sold, in part to uncover counterfeiting schemes such as Courtney’s.

Eli Lilly dismissed the allegations. Bristol-Myers did not respond to requests for comment.