Robert Courtney’s upcoming release may not be the end of his story

KANSAS CITY, Mo. (KCTV) - In late July 2024, disgraced Kansas City pharmacist Robert Courtney will be released from federal prison to house arrest after serving 22 years of his 30-year sentence.

In 2002, Courtney admitted to diluting 72 medications for over 4,200 patients. Although Courtney diluted several medications for the treatment of various diseases and ailments, much of the focus was on how cancer medications were watered down.

He pleaded guilty to charges of tampering with consumer products, adulterating drugs and mislabeling drugs.

But many of those affected by Courtney’s actions, mostly family members of cancer patients who have died, are shocked and angry about his release to home confinement. They believe Courtney has not served enough time for his actions and many would like to see Courtney charged with murder.

“DOCTORS WONDERED WHY SHE WASN’T GETTING BETTER.”

Mindy Nix’s grandmother Martha battled cancer twice.

“She suffered a very long and painful death,” said Mindy.

In Martha’s fight against bone cancer, she received more than 80 doses of chemotherapy. But her condition continued to deteriorate, and she wasn’t experiencing the normal side effects of cancer treatment.

“The doctors wondered why she wasn’t getting any better,” said Mindy. “She did not lose her hair. And she noticed that she wasn’t as nauseated either.”

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Martha’s doctors had prescribed Gemzar which was new to the market and promised fewer side effects.

“We just thought it was the medical advances,” said Mindy.

But later, federal investigators learned that what Martha experienced was not a scientific breakthrough. It was due to an act so heinous, that no one wanted to believe it — a pharmacist was diluting cancer treatments for profit.

When investigators analyzed medications from Robert Courtney’s pharmacy, it showed the solutions had about 30 percent of the medication it should have. Some samples showed just a trace — “basically nothing,” according to investigators.

The FBI called their investigation Diluted Trust.

DEAL MADE TO LEARN TRUTH

Mindy Nix calls Robert Courtney “an evil monster.”

When asked what she thought Courtney should have been charged with, “He should have been charged with murder,” said Mindy. “I say that my grandma died because of Robert Courtney’s heinous crime.”

Santana Cummings lost her mother after being treated by Courtney.

“I believe he’s a murderer,” said Santana.

Kat Duncan lost her father.

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“I think he’s a psychopath,” said Kat.

Both daughters believe Courtney should face murder charges—or at least remain in federal prison.

Federal investigators struggled with appropriate charges. The lead investigator said they considered his actions a public health crisis, and they needed his cooperation to learn details. The plea deal was to serve 30 years, but he had to tell them everything.

Courtney admitted he had been diluting drugs since 1992. In a sentencing memo, prosecutors said the charges to which Courtney pleaded did not reflect the full scope of his criminal conduct

Many believed he would die incarcerated. But soon, at the age of 71, he will be released.

LOOKING FOR SOLUTIONS

Mike Ketchmark is an attorney who represented more than 200 families in civil cases. The court heard only one, and that was the suit filed by Georgia Hayes. It was an emotional trial, and Georgia and others in the courtroom wept at times.

She had received 27 doses of diluted chemotherapy drugs. An oncologist testified that she had probably missed her best chance to beat the cancer. Georgia won a $2.2 billion jury award against Robert Courtney, but she said that the verdict wasn’t about the money.

“I’ll probably never see a dime from the verdict,” Georgia said after the verdict. “I’m ecstatic that justice has prevailed.”

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It was meant to send a message. In the end, that award was symbolic. Georgia died five years after the trial. Ketchmark believes that message still needs to be heard.

“I’m calling upon the system to find a solution because he belongs in prison,” said Ketchmark.

Ketchmark believes murder charges are appropriate, describing Courtney as evil.

“I can’t imagine any jury who looking at the situation like this, who’s going to have any do anything other than realize what he did was he committed murder,” said Ketchmark.

“We would have loved to have charged him with murder and sent him away forever,” said retired FBI agent Melissa Osborne. “But we had to temper that with trying to get more information. We certainly didn’t want him to go through a trial and walk out the door and keep his pharmacist license.”

She said federal investigators wanted to get Courtney away from patients and behind bars. Families were hoping for murder charges. Old news footage showed families outraged that it didn’t happen. When families push for an explanation about Courtney’s release, they have been told it is allowed under the First Steps Act.

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Courtney is being released due to his good behavior.

“There are some crimes that are wrong and so, so heinous, whether they’re violent or not, that a person should never get out, and this is one of them,” said Ketchmark.

There is still one legal that could address the case — Missouri state courts. The Johnson County prosecutor would have to file charges because that’s where Courtney diluted the medicine.

And there is no statute of limitations for murder.

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