INDIANAPOLIS, Ind. — A federal judge sentenced the former president of an Indiana compounding pharmacy to 33 months in prison.
Paul Elmer was also fined $25,000 and ordered to serve 1 year of supervised release upon completion of his sentence.
In April, a jury convicted Elmer on a felony count of conspiracy to defraud the FDA and to obstruct FDA inspections, three misdemeanor counts of introducing adulterated drugs into interstate commerce, and six misdemeanor counts of adulterating drugs while held for sale after shipment of a drug component in interstate commerce.
He is the founder of Pharmakon, a Noblesville-based drug compounding company that made and distributed intravenous drugs to military and civilian hospitals in the U.S. But the drugs were weaker or stronger than their labels indicated, and despite being told multiple times about the problems, Elmer and his company failed to notify hospitals or doctors. Some of the patients included infants in a neonatal unit.
Federal prosecutors said the company ignored safety warnings and tried to cover its tracks.
Elmer and a colleague were indicted in 2017. Caprice R. Bearden, the company’s former compliance director, pleaded guilty on all charges and was sentenced to 5 months in prison plus 3 years of supervised release.