Prosecutors seek to drop case of children given wrong medication in Spain

The Malaga prosecutor's office has requested the provisional dismissal of the "hair growth medicine" case, where minoxidil (hair growth treatment) was mistakenly supplied to 21 children aged two to seven-years-old across different Spanish areas, including Malaga, in 2019, instead of omeprazol (a stomach protector) due to packaging errors.

The prosecution found insufficient evidence to charge the four investigated individuals, noting that affected children suffered no adverse effects after stopping the medication and only required basic medical attention, with no lasting side effects.

Regarding potential public health crimes, prosecutors determined this was a labelling and repackaging error rather than intentional wrongdoing.

The pharmaceutical company held proper permits for handling both medications and didn't endanger public health.

The Spanish Medicines Agency initially suspended the company's ability to supply both active ingredients as administrative punishment, deemed appropriate for the packaging errors without constituting gross negligence.

However, lawyers representing affected families in Cantabria and Castellón are pursuing criminal charges, seeking up to five years imprisonment for company executives and requesting trial proceedings before Malaga's provincial court, despite the prosecutor's recommendation for dismissal.