DOJ Sues Walgreens, Alleges It Filled Millions Of Illegal Prescriptions

Authored by Chase Smith via The Epoch Times (emphasis ours),

The U.S. Department of Justice (DOJ) filed a civil complaint in the U.S. District Court for the Northern District of Illinois, accusing Walgreens Boots Alliance, Walgreen Co., and subsidiaries of illegally dispensing millions of opioid and other controlled substance prescriptions.

The suit, announced on Jan. 17, alleges the pharmacy chain violated the Controlled Substances Act (CSA) by knowingly filling prescriptions without a legitimate medical purpose and also violated the False Claims Act (FCA) by seeking reimbursement from federal health care programs for those prescriptions.

“This lawsuit seeks to hold Walgreens accountable for the many years that it failed to meet its obligations when dispensing dangerous opioids and other drugs,” Principal Deputy Assistant Attorney General Brian M. Boynton said in a press release. “Our complaint alleges that Walgreens pharmacists filled millions of controlled substance prescriptions with clear red flags that indicated the prescriptions were highly likely to be unlawful, and that Walgreens systematically pressured its pharmacists to fill prescriptions, including controlled substance prescriptions, without taking the time needed to confirm their validity. These practices allowed millions of opioid pills and other controlled substances to flow illegally out of Walgreens stores.”

According to the complaint, the violations began around August 2012 and continued through the present, with millions of prescriptions allegedly written for opioids and other controlled substances that lacked a valid medical purpose.

The complaint further alleges that Walgreens pharmacists often faced corporate pressure to fill prescriptions quickly, limiting the time needed to verify their legitimacy. The filing contends that these practices contributed to the opioid crisis and, in particularly tragic instances, resulted in patient overdoses and fatalities.

If Walgreens is found liable, it could face civil penalties of up to $80,850 per unlawful prescription under the CSA, along with treble damages for each prescription billed to federal programs in violation of the FCA.

Treble damages are a legal remedy whereby a plaintiff is awarded three times the amount of actual damages and are often used when the defendant’s alleged actions were particularly egregious, according to Cornell Law School.

Multiple U.S. attorneys’ offices around the country are involved in this case, citing concern over the ongoing opioid epidemic. The complaint also highlights four whistleblowers who brought allegations against Walgreens under FCA provisions, which allow private parties to sue on the government’s behalf.

In a statement emailed to The Epoch Times, a Walgreens spokesperson said: “We are asking the court to clarify the responsibilities of pharmacies and pharmacists and to protect against the government’s attempt to enforce arbitrary ‘rules’ that do not appear in any law or regulation and never went through any official rulemaking process. We will not stand by and allow the government to put our pharmacists in a no-win situation, trying to comply with ‘rules’ that simply do not exist.”

The spokesperson said that the company stands behind its pharmacists and dedicated health care professionals who live in the same communities it serves.

“Walgreens has long been a leader in providing education and resources, as well as implementing best-in-class policies and procedures, to help combat opioid misuse and abuse,” the spokesperson said. “We look forward to the opportunity to defend the professionalism and integrity of our pharmacists.”

The government’s complaint follows other enforcement actions against major pharmacy chains alleging similar misconduct. An ongoing suit against Walmart was filed in 2020 while another suit against CVS was filed last month.

The DOJ maintains that the enforcement of both the CSA and FCA is essential to safeguard public health and protect taxpayer-funded programs from abuse.