CVS lawsuit overview:
- Who: The United States Department of Justice filed a lawsuit against CVS Pharmacy Inc.
- Why: The agency claims CVS knowingly filled invalid opioid prescriptions in order to fuel its own profits “at the expense of public health and safety.”
- Where: The CVS opioid lawsuit was filed in Rhode Island federal court.
The Department of Justice filed a lawsuit against CVS Pharmacy and dozens of its subsidiaries in the U.S. over claims the nation’s largest pharmacy chain for years has been knowingly filling invalid opioid prescriptions.
The agency argues the pharmacy unlawfully dispensed “massive quantities” of opioids and other controlled substances as a way to “fuel its own profits at the expense of public health and safety.”
“CVS’s actions contributed to the opioid crisis, a national public health emergency with devastating effects in the United States,” the CVS lawsuit says.
From at least Oct. 17, 2013, CVS “routinely” dispensed controlled substances via prescriptions that were invalid, not medically necessary, not for a “medically accepted indication,” and/or not issued “in the usual course of professional practice,” the CVS opioid lawsuit alleges.
Further, the DOJ argues CVS and its pharmacists knew they were required by law not to dispense drugs pursuant to prescriptions with “unresolved red flags” of invalidity, “medical inappropriateness,” and/or that were dangerous, yet did so anyway.
“As CVS recognized in its own training materials, pharmacies and pharmacists are supposed to be the ‘last line of defense’ to prevent dangerous opioids and other controlled substances from being used for illicit, and sometimes deadly, purposes,” the CVS lawsuit says.
CVS pharmacists too understaffed to comply with legal obligations, DOJ says
The DOJ argues CVS implemented performance metrics and incentive compensation policies that it knew “pressured and incentivized” its pharmacists to fill prescriptions “as quickly as possible,” and without “assessing their legitimacy.”
CVS, the agency claims, also set its staffing levels at such a low level that it was “impossible” for pharmacists to comply with their legal obligations and meet the company’s “demanding metrics.”
“CVS repeatedly ignored the increasingly impassioned complaints from pharmacists that their pharmacies were dangerously understaffed,” the CVS opioid lawsuit says.
The DOJ claims CVS and its subsidiaries are guilty of fraud, unjust enrichment and payment by mistake, and in violation of the Controlled Substances Act and the False Claims Act.
The government demands a jury trial and requests injunctive relief along with trebled damages and for civil penalties to be assessed.
An independent pharmacy filed a separate complaint against CVS earlier this month over claims involving GoodRx.
The class action lawsuit argued CVS and a trio of other pharmacy benefit managers conspired with GoodRx to artificially suppress prescription drug reimbursement rates paid to independent pharmacies and increase fees charged to pharmacies on all GoodRx-related transactions.
Have you been affected by the opioid crisis? Let us know in the comments.
The CVS lawsuit is United States of America, et al. v. CVS Health Corp., et al., Case No. 1:22-cv-00222, in the U.S. District Court for the District of Rhode Island.
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23 thoughts onCVS knowingly filled invalid opioid prescriptions, DOJ lawsuit claims
My son died from fentanyl being in his medication from CVS. His doctor said he never sent in for him a mail order prescription. His opioids came from Walgreens. I contact the FDA. They always covering up for these pharmacists. I think they was paid off. My son was a quadriplegic on a ventilator. His health change after he started taking CVS OPIOIDS. I am still waiting on the DOJ. To contact me which the FDA was going to send to DOJ.