CVS Class Action Says Pharmacy Mails Letters to Physicians Without Consent

A class action lawsuit alleges that CVS unlawfully sends letters to physicians falsely claiming that their patients are reaching out about prescription medications with their patients’ consent, when in reality, the messages are just marketing materials.

The CVS letter class action lawsuit was filed by Charles Tashjian against CVS Pharmacy, CVS Health Corporation, and CVS Caremark Inc.

He says CVS engages in a scheme to solicit physicians, and unlawfully uses patient information to do so.

According to Tashjian, he uses CVS to fill his prescriptions, and has done so for around the last 10 years.

The CVS class action states that the pharmacy sent multiple notes to Tashjian’s doctor, that made a number of false representations about Tashjian, his medical records, and his medical care. 

Tashjian says the letters falsely stated that CVS spoke to him about diabetes care and that Tashjian requested CVS reach out to his doctor on his behalf to ask if it is appropriate to start a statin therapy.

The CVS class action claims Tashjian does not have diabetes and did not make these requests. He says that he never spoke with any employee, agent, or representative about statin therapy, contrary to the assertions made in the letters.

The CVS letter class action lawsuit contends that CVS uses these messages as marketing material, sent to inspire Tashjian’s doctor to write him a statin prescription which CVS could fill and profit from it. Allegedly, the letter is now part of Tashjian’s medical file.

To support his claim that the letters were indented to benefit CVS financially, Tashjian notes that the statin manufacturer provided marketing assistance to CVS and CVS received financial assistance in sending the letters to the doctor.

Tashjian says that CVS did not request to use his name before using it, knowing that he would have rejected the request. Allegedly, CVS did not ask his permission because the company wanted to profit from the scheme.

He goes on to say that CVS makes a practice of misappropriating customers’ names in this manner for its own gain. The plaintiff claims that CVS has a fiduciary duty to its customers which it breached by sending false information to medical providers.

Allegedly, many consumers were injured by CVS’ actions, because their fiduciary duty was breached and because CVS put them at an increased risk of receiving medical treatment, and an increased risk of suffering medical mistakes based on false statements.

Tashjian says that he sent a Class-wide consumer protection act demand letter before filing his CVS class action lawsuit, but was met with an unreasonable response from the company, and has therefore moved on to filing his complaint.

The case was originally filed in state court but has recently been removed to Massachusetts federal court.

Tashjian is represented by Robert E. Mazow and Michael C. Forrest of Forrest LaMothe Mazow McCullough Yasi & Yasi PC.

The CVS False Physician Letter Class Action Lawsuit is Charles Tashjian v. CVS Pharmacy Inc., et al., Case No. 1:19-cv-11164, in the U.S. District Court for the District of Massachusetts, Eastern Division.

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