Eastside Pharmacy takes PharmaCare battle to B.C. Supreme Court

An award-winning pharmacist has filed a last-minute court challenge in his bid to keep dispensing medication in Vancouver's downtown eastside. 

In a B.C. Supreme Court petition, Alexander Tam claims the area's vulnerable population will be at risk if B.C.'s minister of health goes ahead with plans to refuse his business enrolment in PharmaCare.

"Eastside Pharmacy is one of a kind. Mr. Tam and his pharmacy play a very unique and special role in the lives of hundreds of severely disadvantaged and challenged patients," the petition reads.

"Without Mr. Tam's continued involvement, almost certainly these individuals' health will be compromised further."

Saturday deadline looming

The petition comes just hours before the Saturday deadline the ministry has set to take away Eastside Pharmacy's right to dispense drugs through PharmaCare.

A ministry audit of PharmaCare concluded the pharmacy had overbilled by $1.1 million during a two-year period beginning Sept. 1, 2012.

The findings allegedly pointed to a high level of backdating claims and the dispensing of medication in quantities other than those dictated by PharmaCare policy.

But the petition claims those figures are based on extrapolation from a much smaller amount. The court documents say Tam has conceded administrative shortfalls, but denies any wrongdoing.

"In effect, the ministry inferred an improper, immoral intent without providing Eastside an opportunity to be heard in advance and relied on those findings and inference in order to decide that it would deny Eastside's enrolment and effectively put them out of business," the petition says.

Eastside Pharmacy is seeking a temporary injunction to keep the business enrolled in PharmaCare pending the outcome of a petition seeking to quash the ministry's decision and the audit report itself.

Tam received the Queen Elizabeth II Diamond Jubilee Medal in 2013 for his contributions to the Downtown Eastside. The petition flatly rejects the ministry's suggestion that he is acting against the public interest.

"The Ministry's conclusions in this regard are plainly wrong," the petition says.

"The information provided to date in Eastside's response materials, including letters of support from physicians in the community, clearly show the contrary is true: Eastside provides exemplary care to its patients."

Definition of public interest challenged

Tam claims he was denied procedural fairness in relation to a decision that will effectively destroy his business.

He also says the ministry wrongly defined the public interest aspect of the case as concerning only the financial integrity of PharmaCare.

"The impact of the decision on Eastside and its patients (i.e. those affected by the decisions) cannot be overstated," the petition says.

Tam would be forced to shut down the pharmacy if he can't dispense the medication that brings in the bulk of his revenue, according to the petition.

"The enrolment decision will have dire consequences for the unique patient population that depends on Eastside, which comprises one of the most vulnerable and high-needs patient population in not only the city but the entire country."

No date has been set for a hearing on the injunction application.

None of the claims has been tested in court. The Ministry of Health has not filed a response.