Ex-compounding pharmacy CEO convicted in drug-potency case

INDIANAPOLIS (AP) - A former central Indiana compounding pharmacy executive has been convicted of federal charges stemming from drug-potency problems .

The Justice Department says a jury in Indianapolis federal court this week convicted 67-year-old Paul J. Elmer, who was Noblesville-based Pharmakon Pharmaceuticals' owner and chief executive, of conspiracy to defraud the Food and Drug Administration and adulterating drugs.

Defense lawyer Richard Kammen told the Indianapolis Business Journal that Elmer was unfairly held responsible for the actions of a "rogue employee."

Caprice R. Bearden, who was Pharmakon's compliance director, pleaded guilty in the case.

Prosecutors say Bearden received notices indicating painkillers Pharmakon produced were either under- or over-potent. She told Elmer, who allegedly didn't alert customers and didn't recall any of the drugs. Prosecutors say it led to powerful painkillers being administered to infants.