23/11/2023
We are pleased to have won our court challenge against the government.
This case was not about challenging pharmacy inspections. It was about inspector Elizabeth Harrington and colleagues who made up rules as they went along and operated under unchecked, unquestioned, unauthorized powers.
For nearly 3 years we have complained about this behavior. Any time we complained about her actions to the Chief Medical Officer and the CEO of the Health Council, responsibility was deflected and accountability absent.
Instead, we were served with Notices or formal communications from the ministry in what we believe to be a pattern of retaliation.
When we questioned the failure of the inspector to present credentials to conduct an inspection, rather than go get them she insisted she did not need them and that she had to come in. Later we found ourselves removed from the Register of Pharmacies with no notice or due process. Similarly our suppliers were told we are "non-compliant", damaging relationships and obstructing us from being able to do business with them.
When that was challenged they introduced a new "has a valid certificate of inspection" column, adding us back to the list with a "no" in this column. They also added old pharmacies closed for nearly a decade back to the list with "no" in their columns, even though they weren't on recent lists.
We challenged this, the legal basis for annual surprise inspections alongside inspection certificates.
Ultimately the court agreed that the Minister, the Chief Medical Officer and most importantly, Pharmacy Inspector Elisabeth Harrington, operated outside of the powers afforded to them by the law.
Our court case is a small win in highlighting some of the challenges and obstructions we face as a small business pushing to lower medication costs in Bermuda.
An independent family-owned pharmacy suffered financial losses and was unable to supply critical medicines after being listed wrongfully as not being registered, a court was told. The Supreme Court al...
