The U.S. Department of Justice has initiated legal proceedings against Walgreens, accusing the pharmacy chain of dispensing millions of opioid prescriptions unlawfully and breaching federal health care program regulations. The civil complaint, lodged in the U.S. District Court for the Northern District of Illinois, targets Walgreens Boots Alliance, Walgreen Co., and its subsidiaries. The allegations focus on the illegal dispensation of opioids and other controlled substances.
In the lawsuit announced on January 17, the DOJ claims Walgreens violated the Controlled Substances Act by knowingly fulfilling prescriptions that lacked a legitimate medical purpose. Additionally, the suit accuses the pharmacy of breaching the False Claims Act by seeking reimbursements from federal health care programs for these prescriptions.
Brian M. Boynton, Principal Deputy Assistant Attorney General, emphasized the intent of the lawsuit is to hold Walgreens accountable for its alleged failures in responsibly dispensing potent drugs over several years. Boynton highlighted that the complaint points to Walgreens pharmacists who filled millions of prescriptions for controlled substances, despite evident red flags suggesting the prescriptions were likely unlawful. It is further alleged that Walgreens systematically pressured its pharmacists to fill prescriptions rapidly, including those for controlled substances, without the necessary checks to confirm their validity.
The complaint suggests that these practices resulted in millions of opioid pills and other controlled substances being illegally distributed from Walgreens stores. This alleged misconduct is said to have commenced around August 2012 and continues to the present, involving prescriptions that purportedly lacked legitimate medical justification.
Corporate pressure reportedly faced by Walgreens pharmacists is a central theme in the complaint, suggesting that the urgency to fill prescriptions quickly limited pharmacists’ ability to verify their legitimacy. This alleged pressure is argued to have contributed to the ongoing opioid crisis, with the complaint noting instances where such practices led to patient overdoses and fatalities.
Should Walgreens be found liable, the company could face substantial penalties, including up to $80,850 for each unlawful prescription under the Controlled Substances Act. Additionally, the False Claims Act could impose treble damages for each prescription billed unlawfully to federal programs. Treble damages, as defined by Cornell Law School, are a legal remedy that awards the plaintiff three times the actual damages, often used when the defendant’s actions are considered particularly egregious.
The case has garnered involvement from multiple U.S. attorneys’ offices nationwide, reflecting widespread concern over the persistent opioid epidemic. The complaint also mentions four whistleblowers who brought the allegations against Walgreens under provisions of the False Claims Act, which allows private individuals to sue on behalf of the government.
A spokesperson for Walgreens, in a statement to The Epoch Times, expressed the company’s position. Walgreens is seeking clarity from the court regarding the responsibilities of pharmacies and pharmacists. The spokesperson criticized the government’s attempt to enforce what they described as arbitrary rules that are not codified in law or regulation and have not undergone any official rulemaking process. Walgreens asserts that it will not allow the government to place its pharmacists in a challenging situation where they are expected to follow rules that do not officially exist.
The spokesperson further affirmed the company’s support for its pharmacists and dedicated health care professionals, emphasizing their commitment to the communities they serve. Walgreens, according to the statement, has been proactive in offering education, resources, and implementing top-tier policies to combat opioid misuse and abuse. The company looks forward to defending the professionalism and integrity of its pharmacists in court.
This legal action against Walgreens is part of a broader initiative by the DOJ to address similar allegations against major pharmacy chains. An ongoing lawsuit against Walmart was initiated in 2020, and another suit against CVS was filed recently. The DOJ underscores the importance of enforcing the Controlled Substances Act and the False Claims Act as pivotal measures to protect public health and prevent the misuse of taxpayer-funded programs.
As this case progresses, it underscores the ongoing challenges and complexities involved in addressing the opioid crisis, particularly concerning the role of pharmacies and the responsibilities of pharmacists. The outcome may have significant implications not only for Walgreens but also for the broader pharmaceutical industry and its regulatory landscape.
