A recent CVS class action lawsuit claims the pharmacy forces consumers to purchase opioid overdose reversal meds when filling opiate prescriptions.
Plaintiff Lisa L. Lee claims CVS unlawfully requires consumers to purchase expensive opioid reversal medications in order to fill their prescriptions for opioid drugs. According to Lee, the reversal drug adds significant costs to a consumer’s purchase.
“In order to fill a prescription for a medication containing opioids, such as hydrocodone-acetaminophen, CVS forces consumers to simultaneously purchase a prescribed medication, Naloxone or similar drug, designed to rapidly reverse an opioid overdose,” Lee contends in her CVS class action lawsuit.
Naloxone, one of the most prominent opioid reversal medications, is an effective drug which works to reverse an opioid overdose almost immediately after being injected or inhaled via nasal spray. Lee notes that first responders and trained bystanders can effectively prevent tragedy by using the drug to reverse an overdose.
However, Lee notes that the drug “can cost more than fifty times the actual opioid pain relief prescription.” By forcing patients to purchase these drugs in order to fill their opioid prescription, CVS allegedly causes significant financial burden to their customers.
Lee allegedly experienced the issue in March 2020. After she broke her nose, she was prescribed Vicodin by an emergency room doctor.
She was also provided a prescription for Narcan, a brand name for Naloxone, although she was not required to fill the medication.
When she went to her local CVS to fill her prescription, Lee reportedly told the pharmacy she didn’t want to fill her Narcan prescription.
Even though her Vicodin prescription only cost $0.71 for 10 pills, the CVS employee allegedly forced her to purchase a Narcan nasal spray for $121.80.
“Plaintiff, who had just left the emergency room and was experiencing significant pain had no choice but to rely on Defendants’ representations,” the CVS class action lawsuit claims.
“She had no meaningful choice but to purchase the Narcan for $121.80 in order to purchase her pain medications, and therefore incurred actual financial losses due the unlawful conduct of Defendants.”
According to the CVS class action lawsuit, Lee’s experiences were not unique. Instead, the pharmacy allegedly maintains policies which force all patients to purchase an opioid overdose reversal medication when filling opioid prescriptions.
Lee argues that CVS accomplishes their misleading scheme by wielding their significant “market power” to set costly prices for opioid overdose reversal medications. As a result, consumers are allegedly forced to pay a high price not only at CVS but also at other pharmacies due to the schemes alleged “anti-competitive effect on the market.”
“CVS purposefully misuses its market power to force consumers to purchase opioid overdose reversal medication in order to fill lawfully prescribed and medically necessary prescriptions for pain medication,” the CVS class action lawsuit claims.
The CVS class action lawsuit argues that the pharmacy’s actions violate California state law. Specifically, CVS allegedly violates a law that states pharmacies “shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient.” By putting significant financial strain on patients, CVS allegedly obstructs their customers’ ability to obtain the medications they were prescribed.
Lee also references another California state law that requires opioid prescribers to offer prescriptions for opioid-overdose reversal drugs. Although the law requires prescribers to give patients the option to purchase these drugs, it is not required in order to fill an opioid prescription.
Despite knowing the true terms of the state law, CVS allegedly misrepresents to their customers that they are required by law to purchase an overdose reversal drug when filing opioid prescriptions. These representations are allegedly false and misleading. Lee argues that, as a result, she and other consumers have suffered from financial injury.
Lee seeks to represent a Class of consumers in California who purchase opioid medicine from CVS and were required to purchase an opioid overdose reversal medication in order to fill the opioid prescription. On behalf of this proposed Class, Lee seeks punitive damages, compensatory damages, restitution, disgorgement, interest, court costs and attorneys’ fees.
Were you prescribed opioid medications? Were you forced by CVS to purchase opioid reversal medications? Share your experiences in the comment section below.
Lee and the proposed Class are represented by Michael D. Singer and Kristina De La Rosa of Cohelan Khoury & Singer.
The CVS Opioid Class Action Lawsuit is Lisa L. Lee v. CVS Pharmacy Inc., et al., Case No. 37-2020-000228843-CU-BT-CTL, in the Superior Court of the State of California for the County of San Diego.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
57 thoughts onCVS Class Action Lawsuit Says Pharmacy Forces Customers to Buy Opioid Overdose Drug
The first time I was handed it the pharmacist asked a few questions then we laughed. We didn’t know which pug would administer and which one would call 911. So stupid, thought it was my dr, not CVS.
My wife just had shoulder surgery, and after getting her home I drove to my local CVS to pick up pain prescription. After 3 hours of delays, the prescription and been sent from doctors satellite office in the county just a few miles away, they then informed me they couldn’t fill it, back and forth with both parties involved and no resolution. In the final minutes before the doctors office was to close, CVS informed me that the Narcan could be filled, but not the pain meds (until doctor corrected the order with proper County that were in). When I asked why Narcan, they told me per doctors order, when I called the doctors office they knew nothing about it, then when pharmacy tech was called on this, they told me that’s their rules. I had doctor transfer prescription (next morning with wife in pain all night) to Walgreens and was filled in minutes without Narcan. Stay away from CVS, they want to force you to buy it at $94.00 without insurance .
CVS IS NOY THE ONLY ONE TRYING THIS. BROOKSHIRES IN TEXAS IS DOING SAME THING AND I FIND NO LAW TO ALLOW THEM TO DO SO
Yes cvs did insist that I get a narcan/noxalean rx from my doctor. I am attempting to find an attorney Sue cvs pharmacy for embarrassing me for years lying to me and not giving me my medication buprenorphine saying there was a problem with the insurance even though my doctor and nurse would call several times almost every month they wanted to play this game. But the doctor would get the go ahead from the insurance company saying my medication was authorized but cvs pharmacy would continue to say it wasn’t. They also shorted me several times for several tablets but I didn’t bother to say a word to my Dr or any one because for the longest time I didn’t think anyone would believe me. They humiliated me in front of other customers talking loudly about my medication making sure to state the name of it which is suboxone and the reasons why I may be taking them. I put up with that for like four years before recently switching over to Walgreens pharmacy. But honestly going through all of that for so long I actually fear that the people at Walgreens will treat me the same way even though they have been nothing but nice and respectful courteous like they should be. It isn’t fair that I still live in fear of the bs they put me through. [email protected]
I went into CVS yesterday to pick up my prescriptions. Pharmacists tried convincing me for over an hour to get a Narcan. He would not fill my prescriptions until after trying to convince me. He was talking back and forth to another employee loudly about what my prescriptions are for. I was so embarrassed everyone behind me was looking at me.
Hi went to cvs for my pain medicine which I have been on years. No issues good outstanding record.came across a pharmacist who was not comfortable filling the amount. Wants me to change it due to the fact I have been steady on it. What gives the pharmacist the right.
Yeah they’d make you pay for the opioids and then tell you the state law required you to purchase the life saving drug Narcan.
I was also made to purchase Narcan when filling my pain med script at a Southern California CVS.
I was given a Prescription of Narcan at CVS pharmacy in 2021 without my consent I don’t understand why and I believe that’s illegal thank you.
For the last year, we’ve been toyed around with consistently every single month by CVS not filling my sons HUMIRA prescription on time, denying it, dropping the ball on shipments etc At one point, he didn’t have his Humira for two months because they wanted me to pay $40K. Is there anyone experiencing the same? Their lack of care and incompetence will cost lives