Justice Department sues Walgreens over alleged part in opioid crisis

The Justice Department on Jan. 16 filed a civil complaint against Walgreens Boots Alliance and its subsidiaries alleging unlawful dispensation of millions of prescriptions in violation of the Controlled Substances Act.

The complaint, filed in the U.S. District Court for the Northern District of Illinois, also alleges that Walgreens sought reimbursements from federal health programs in violation of the False Claims Act, according to a Jan. 17 news release. 

The Justice Department alleges that Walgreens knowingly filled millions of invalid controlled substance prescriptions since August 2012, including excessive opioid quantities, early refills and a "dangerous and abused combination of drugs" called trinity, which combines muscle relaxant, opioid and benzodiazepine. The complaint suggests pharmacists at Walgreens filled the prescriptions "despite clear red flags" indicating the prescriptions were likely unlawful, ignoring other internal data and evidence from pharmacists about dispensing unlawful prescriptions. 

The complaint also alleges that Walgreens pressured its pharmacists to quickly fill prescriptions without verifying validity and withheld information like warnings about certain prescribers. Walgreens allegedly violated the CSA by filling unlawful prescriptions knowingly and allegedly violated the FCA by seeking federal program reimbursements, according to the release. 

"The complaint alleges that Walgreens's actions helped to fuel the prescription opioid crisis and that, in some particularly tragic instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at Walgreens," the release said. 

Walgreens could face civil penalties of up to $80,850 per unlawful prescription, treble damages and other federal program violation penalties if found liable. 

A spokesperson for Walgreens told Becker's in a Jan. 17 statement that the company has asked 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 statement said. "Walgreens stands behind our pharmacists, dedicated healthcare professionals who live in the communities they serve, filling legitimate prescriptions for FDA-approved medications written by DEA-licensed prescribers in accordance with all applicable laws and regulations. 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. We look forward to the opportunity to defend the professionalism and integrity of our pharmacists."

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