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COMMONWEALTH PENNSYLVANIA v. PETER T. DEMARCO (07/11/80)

July 11, 1980

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, BY ITS SECRETARY, GORDON K. MACLEOD, M.D., PLAINTIFF
v.
PETER T. DEMARCO, M.D., DEFENDANT. S.O.S. ASSOCIATION, INC., INTERVENOR



Original jurisdiction in case of Commonwealth of Pennsylvania, Department of Health, by its Secretary, Gordon K. MacLeod, M.D. v. Peter T. DeMarco, M.D.

COUNSEL

John G. Knorr, III, Deputy Attorney General, with him Arthur T. McDermott, Assistant Attorney General, Allen C. Warshaw, Deputy Attorney General, and Harvey Bartle, III, Acting Attorney General, for Plaintiff.

Harry Lore, with him Nicholas Kozay, Jr., and F. Emmett Fitzpatrick, for Defendant.

Joseph J. Carlin, for intervenor.

Judges Mencer, Rogers and Blatt, sitting as a panel of three.

Author: Per Curiam

[ 53 Pa. Commw. Page 2]

Defendant, Peter T. DeMarco, M.D. and intervenor S.O.S. Association, Inc. have filed exceptions to findings of fact, failure to make findings, conclusions and the decree nisi of the Chancellor, Judge Rogers, entered January 31, 1980. The decree nisi order enjoined Dr. DeMarco from administering the drug Procaine-PVP to humans.

Exceptions To Findings

Both DeMarco and S.O.S. have excepted to finding of fact 12 as being unsupported by the evidence. We found that

12) [a]ccepted practice in the medical profession in the United States with respect to the

[ 53 Pa. Commw. Page 3]

    use by physicians of drugs in the treatment of patients is to confine such use to drugs which have been shown to be safe and ...


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