Superior Court Rules Against DOH in Former Sen. Blais Case, Awards $43,000 to Kelly and Mancini

GoLocalProv News Team and Kate Nagle

Superior Court Rules Against DOH in Former Sen. Blais Case, Awards $43,000 to Kelly and Mancini

Superior Court Judge Daniel Procaccini
Superior Court Judge Daniel Procaccini has hit the Rhode Island Department of Health with a ruling that will force the State of Rhode Island to pay Providence law firm Kelly and Mancini more than $43,000 in legal fees. And a trial in the fall could get very expensive for the State of Rhode Island.

The case centers around DOH’s enforcement action against former Coventry State Senator and Pharmacist Leo Blais.

In 2012 and 2013, the DOH took action against Blais. But, by 2014, Superior Court Stephen Nugent has reinstated Blais’ license.

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Procaccini ruled, “Appellant’s motion comes before this Court following his successful appeal to the Rhode Island Superior Court from a decision of the Director of the Rhode Island Department of Health (the Department), Michael Fine, M.D. (Director Fine), (collectively, Appellees) that permanently revoked Appellant’s license to practice pharmacy in the State of Rhode Island (Final Decision).”

Attorney Michael Kelly
“This doesn't happen very often at all. It's unusual  -- we were able to obtain [the legal fees]  due to the fact the court found that Dr. Fine was not justified in suspending Mr. Blais,” said Michael Kelly, partner in Kelly and Mancini.

“This is just one phase of litigation, it will go to trial in the fall for damages due to fact that Mr. Blais was unable to practice all this time.  I can't say what we are seeking, but it will be substantial,” said Kelly.

“For the reasons set forth in this Decision, this Court finds that Appellant is legally entitled to recover reasonable litigation expenses arising out of and related to Appellant’s appeal of Director Fine’s Final Decision,” added Procaccini in his decision.

“We believe Dr. Fine acted far outside of his authority, and we think there was an undercurrent of political nature due to fact that Mr. Blais had interactions with and oversaw the Department of Health,” added Kelly.

In 2013, the DOH ruled in part that:

Further, HEALTH cites an error when Blais was pharmacist in charge (PIC) at Apothecare in March 2012, "when a dispensing error was made for prescriptions dispensed from the same batch of Omeprazole 2mg/mL suspension to an eleven month old infant and a two year old child." According to HEALTH, the compounded prescriptions in question were labeled as "Omeprazole 2mg/mL," which upon testing confirmed that it also contained morphine, "a potent narcotic pain-killer and schedule II controlled substance." Omeprazole is a proton pump inhibitor used in the treatment of dyspepsia, peptic ulcer disease, GORD/GERD, and laryngopharyngeal reflux (LPR). Blais was also the verifying pharmacist regarding both these prescriptions.


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