A Texas judge threw out the criminal case against a doctor charged with stealing nine COVID-19 doses of vaccine – but prosecutors say they will still prosecute.
Judge Franklin Bynum, a judge in Harris County District Court, announced the felony theft by a public official against Dr. , the Houston Chronicle reported.
“In the number of words commonly used to describe an accusation of retail shoplifting, the state is seeking for the first time to criminalize the documented administration of vaccines by a doctor during a public health emergency,” Bynum wrote. his command.
The judge also said the complaint likely filed against Gokal – who faced up to a year in prison and a $ 4,000 fine – was “riddled with carelessness and errors,” the Chronicle reported.
Gokal was charged with stealing a nine-dose vial of Moderna’s coronavirus vaccine that he claimed had gone unused while working at a provincial vaccination site in Humble on Dec. 29.
Harris County District Attorney Kim Ogg said Thursday that Gokal told a colleague about his actions a week later, leading to his dismissal following an investigation by county health officials.
Gokal has said through his attorney, Paul Doyle, that he opened a vial of Moderna’s vaccine at the end of the day and offered the leftover doses to local health workers and police, but they either declined or had already been vaccinated, the Chronicle reported. .
The doctor then called a supervisor who had no available patients on hand, prompting Gokal to turn to his cell phone to seek out contacts to dispense about nine doses off-site to elderly residents or those with pre-existing medical conditions. The last dose was administered to his sick wife, according to the report.
Gokal, who started working for the province last April, has reportedly said he entered the names of the patients in a state database. But despite Monday’s resignation, prosecutors said they still plan to file charges against the now-fired doctor.
“Judge Bynum’s unnecessary remarks cast doubt on his fairness and impartiality,” Oggs spokesman, Dane Schiller, told The Chronicle. “We expect to present all evidence in the case to a grand jury.”
Gokal’s attorney, meanwhile, is now planning a wrongful termination lawsuit against Harris County.
“We appreciate today’s outcome and will now turn our efforts into a wrongful termination lawsuit,” Doyle told KTRK.
As I stated publicly last week, an apology by Harris County Public Health and the Harris County District Attorney’s Office to Dr. Gokal and his family are not enough. The agency belittled the name of this good official and took his job away for no reason. “
Doyle said he also hopes the incident will not stop other medical professionals from doing “all they can” to ensure that available vaccines do not go unused.