Pharmacist claims fitness to practise inquiry will return HPV vaccine concerns to spotlight

The video claims that several young girls suffered severe conditions after they had taken Gardasil to protect against the HPV virus – a common source of cervical cancer. Photo: AFP/Getty Images

A Dublin pharmacy owner accused of professional misconduct over a Facebook post which appeared to show her support for an anti-vaccination group claims an inquiry into her conduct has created far greater publicity for opponents of the HPV vaccine, Gardasil, than her social media use.

Pharmacist Janet Dillon warned the publicity surrounding attempts to “publicly vilify and humiliate” her at an inquiry held by the Pharmaceutical Society of Ireland this week could result in “a renewed anti-HPV vaccine social media campaign.” Ms Dillon, who owns a pharmacy in Manor Street in Stoneybatter, also signalled she would mount a legal challenge against any adverse finding against her.

Claiming she was being denied natural justice and fair procedures, the pharmacist said she would seek justice outside the PSI “if I’m forced to do so.” Ms Dillon, who also owns pharmacies in Newbridge, Co Kildare and Carrick-on-Shannon, is charged with professional misconduct before the PSI’s fitness to practise (FTP) committee for sharing a video of an anti-HPV vaccine group, Regret, on her pharmacy’s Facebook page on March 27, 2018.

She also faces a similar charge for “liking” on her personal Facebook page a comment in reaction to the video which stated: “Wouldn’t be giving that vaccine to my daughter. It is not safe”.

The video claims that several young girls suffered severe conditions after they had taken Gardasil to protect against the HPV virus – a common source of cervical cancer. A ruling by the FTP committee will be published at a later date.

Although Ms Dillon did not participate in the three-day inquiry, a closing statement read on her behalf by solicitor, Maria Dillon, said her sharing of Regret’s video three-and-a-half years ago had garnered six reactions. The pharmacist said a newspaper report of the first day of the PSI’s inquiry had attracted thousands of readers.

Janet Dillon's claims

Ms Dillon claimed the PSI registrar had, in seeking to publicly vilify and humiliate her, thrust concerns about the vaccine back into the media spotlight.

“The anti-HPV [vaccine] movement has gained more publicity in the past 36 hours in the national media than the movement has attracted in the past number of years,” she remarked.

Ms Dillon, a registered pharmacist since 1993, claimed her livelihood is threatened by the “disproportionately harsh” attitude of the PSI to minor infringements compared to other regulatory bodies. The pharmacist said the portrayal by the PSI of people who claimed to have suffered adverse side-effects of the HPV vaccine as hysterical and malingering – a charge rejected by the PSI – would further incense such young women and their families.

She said a report commissioned by the PSI from a computer forensic specialist was not balanced as he had only searched for anti-HPV vaccine posts when the overall positive health information contained on her pharmacy’s Facebook page had not been assessed. She expressed shock that an expert witness for the PSI had claimed her sharing of the Regret video was “dark and unethical” for promoting a conspiracy theory.

Ms Dillon also criticised the lack of evidence provided by expert witnesses to show the HPV vaccine was safe. The pharmacist said it was “petty and small-minded” by the PSI to go ahead with the inquiry this week when her barrister was unavailable and she had difficulty in finding locum cover.

Pharmaceutical Society of Ireland response

In response, counsel for the PSI, Eoghan O’Sullivan BL, expressed regret that Ms Dillon was repeating “outrageous assertions” made earlier in the week that she was being scapegoated by the PSI registrar. Mr O’Sullivan also accused the pharmacist of misquoting and mischaracterising much of the witness evidence at the hearing.

In holding the inquiry, Mr O’Sullivan said the PSI had followed “to the letter” the statutory process for cases where someone had withdrawn a complaint made to the regulatory body.

He said Ms Dillon’s reference to the recent report of an expert group which recommended the establishment of an urgent compensation scheme for people who suffered harm as a result of vaccines was an “utter red herring”.

In a closing submission, Mr O’Sullivan said there was no dispute about the central facts concerning the Facebook posts but what was at issue was the appropriateness of sharing and liking such content. Mr O’Sullivan said Ms Dillon was effectively sharing and apparently validating misinformation on the side-effects of Gardasil.

He pointed out that HPV virus was highly prevalent but also highly preventable and the vaccination programme was designed to save lives. Counsel said the pharmacist had made no attempt to counterbalance the video by highlighting the benefits of the HPV vaccine.

He said Ms O’Sullivan knew reports by the World Health Organisation and the European Medicines Agency had debunked claims linking Gardasil with chronic fatigue and pain syndromes but she had chosen to “ignore the science.” Mr O’Sullivan said the evidence had shown that Ms Dillon has shared numerous videos posted by Regret which indicated she had “a jaundiced” view on the vaccine programme.

He said there was no doubt about her personal views about Gardasil and she had given credence to Regret’s view in a professional capacity. He said an aggravating factor in the case was a “troubling and untrue” statement made by Ms Dillon on the opening day of the inquiry when she suggested she was being subjected to a “show trial.” 

Mr O’Sullivan said it was “simply not true” and deeply disrespectful of the PSI.

Expert testimony

Earlier, an expert witness called by the PSI told the inquiry that Ms Dillon as a pharmacist had an obligation to review the contents of the Regret video before sharing it on social media.

Brendan Kerr, a former registrar of the Pharmaceutical Society of Northern Ireland, said it was unlikely the pharmacist did not know the potential content of the video as it came from a group which was claiming the vaccine was harmful to children. Mr Kerr said it was inappropriate for a pharmacist to share such content even if it only affected just one patient as the impact could be significant.

The witness said Ms Dillon had made no effort to provide any balance by promoting the benefits of the HPV vaccination programme and viewers were left with a message that implied the vaccine was flawed or unsafe. “That positivity and healthcare message is missing. That is highly significant,” said Mr Kerr.

He added: “I’m sure Ms Dillon is an excellent pharmacist who serves her community well but I think in this particular decision she allowed personal views on the vaccination programme to supersede her obligations as a pharmacist.” 

Asked by the FTP committee about the gravity of the pharmacist’s conduct, Mr Kerr said he regarded it as serious professional misconduct as she was promoting a one-sided view which was a serious dereliction of duty for a pharmacist that could put children at risk.