Former pharmacy owner in north Dublin and Louth struck off

Seán McCárthaigh

The former owner of five pharmacies in north Dublin and Louth has been struck off as a pharmacist after being found guilty of professional misconduct over making fraudulent claims to the HSE.

The Pharmaceutical Society of Ireland also directed that John Corr, who had been the supervising pharmacist at Life Pharmacy Mell, Upper Mell, Drogheda, Co Louth, should not be eligible to apply to have his name restored to the register of pharmacists for a period of five years.

A three-person inquiry by the PSI – otherwise known as the Pharmacy Regulator – said it was left with the impression that “greed alone drove Mr Corr’s systemic and methodical conduct” and that his misconduct was “particularly egregious.”

The inquiry found three allegations of professional conduct against Mr Corr proven over generating false records either on his pharmacy’s computer system or in handwritten prescriptions at the Mell Pharmacy on dates between March and July 2016.

Ten similar allegations about the creation of false documents in order to defraud the HSE were also proven in relation to Mr Corr at four of his other pharmacies.

They were Corr’s Life Pharmacy Blackbull, Dublin Road, Drogheda, Co Louth; Corr’s Pharmacy, Clonshaugh Shopping Centre, Coolock, Dublin 17; Corr’s Pharmacy, Main Street, Clogherhead, Co Louth and Corr’s Pharmacy, Elmfield Rise, Clarehall, Dublin 13.

Counsel for the PSI, Hugh McDowell BL, said the pharmacist had acted in a manner that was “infamous or disgraceful in a professional respect.”

Mr McDowell claimed his actions had also breached the Code of Conduct for Pharmacists.

The public hearing was not attended by Mr Corr, and the PSI had been informed that neither he nor his legal representative would be engaging with the inquiry.

The pharmacist also made no submission on the appropriate sanction recommended by the committee.

A report by the PSI’s Professional Conduct Committee, which conducted a two-day inquiry earlier this year, said the allegations had been proven beyond reasonable doubt based on “full and unqualified admissions of wrongdoing” that Mr Corr had made in correspondence to the PSI in February 2021.

The inquiry’s chairperson, Mark Kane, said the committee had also based its findings on evidence provided by PSI officials and the HSE as well as admissions made by Mr Corr in related criminal proceedings.

He said there was no other explanation for how the allegations could have happened without Mr Corr’s “intentional conduct.”

Mr Kane said the pharmacist has used his highly privileged position and expertise to conduct activities which were diametrically opposed to the proper use of such a position in order to defraud the HSE of money used to support a vulnerable cohort of persons needing pharmaceuticals.

He said it was “equally an infamous fraud on the taxpayer.”

The report observed that Mr Corr had told lies to obtain money in circumstances where he had to engage in a lot of planning, though and effort to further his “elaborate and illegal scheme.”

It added: “One does not need to be a pharmacist or hear expert evidence to have a sense of shock and abhorrence at Mr Corr’s conduct as a pharmacist.”

However, the inquiry did not make any findings that Mr Corr had breached the Code of Professional Conduct for Pharmacists in the absence of expert evidence on interpretation and guidance on the principles of the code.

Nevertheless, Mr Kane said such findings did not in any way diminish the other findings of professional misconduct against the pharmacist.

In the decision on sanction, Mr Kane said the committee had regard for mitigating factors which included a degree of insight by Mr Corr as he had accepted the allegations against him in a general sense and had expressed remorse at an early stage.

It also acknowledged that he had repaid the HSE for the loss it had suffered and had assumed early acceptance of his cancellation as a pharmacist.

The committee noted there had been no previous complaints against Mr Corr, and it also accepted the case did not involve any incident of patient harm.

However, it said there were a number of aggravating factors, including his failure to engage with the inquiry, which undermined any mitigating factor.

“Mr Corr’s conduct has professional dishonesty, fraud and misrepresentation at its heart and that very negatively undermines trust in the profession,” said Mr Kane.

In June 2021, Mr Corr (59) was ordered to complete 240 hours of community service by Dublin Circuit Criminal Court in lieu of a two and a half years prison sentence over his conviction on seven counts of making fraudulent claims to the HSE’s Primary Care Reimbursement Scheme.

The court heard that Nolan, who had been a pharmacist for over 30 years, had lost his business because of his actions.

Corr, who had no previous convictions, repaid the almost €4,000 that it was estimated that the HSE had paid out in fraudulent claims.

Mr Kane said Mr Corr’s criminal convictions were not regarded as significant in determining the appropriate sanction by the PSI inquiry.

He said the committee was left with no misapprehension that the pharmacist’s actions were at “the upper most end of seriousness.”

Mr Kane said the sanction was needed to promote and maintain public confidence in the pharmacy profession as well as promoting and maintaining professional standards and conduct among pharmacists and those who operate pharmacies.

He said a prohibition on Mr Corr applying to be restored to the PSI register for five years was deemed necessary as there was a risk of reoffending due to little evidence that the pharmacist had taken learnings or gained any real or convincing insight from his proven misconduct.