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.
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57 thoughts onCVS Class Action Lawsuit Says Pharmacy Forces Customers to Buy Opioid Overdose Drug
I had to buy it also please add me
I also had to buy Narcan at their price.
Most pharmacies want you to have it and are requiring it for all opioid pain medication filled or they are requiring you to show proof that you have NARCAN on hand that has been obtained elsewhere from a previous source. My state of Hawaii is even trying to make it mandatory that NARCAN be placed on our states PDMP (prescription drug monitoring program). This is a huge money making deal required of pain patients and puts an added *black mark on the record of that user of opioid pain medication. Insurance companies can now say that you are at a higher liability and charge more money because of this infringement. Narcan should be given out to ALL who want it, and be free so more can use it for Good Samaritan purposes.
I was forced to purchase it, please add me.
I just had prescription filled for ten lorazepam 0.5mg.for anxiety to have dental procedure done.i was surprised to find I had a prescription for it narcan in my prescription box I called and said I didn’t have a script for this they would not talk to me at all about this.im not sure what name of this pharmacy is.its at 909fultin St mpls mn.in u of m clinic.im not addicted to any drugs that I’m aware of.im in a pain clinic.but they prescribe my meds and watch me closely because of my age.i already had the narcan nazal spray here.i don’t like to have a drug forced in me like I’m a 73year old drug addict.please add my name to your list.si Yu see slot of the drug store are making money along with the pharmacuial companies.it is a rip off.
Th narcan was filled and sent to me along with my afivan.without a script or speaking to me.again please add my name to your list at the class action lawsuits.
Now that is blatant fraud since Narcan is only good against an opioid and lorazepam is a benzodiazepine. Any pharmacist should know this. This is corporate profiteering at its finest.
Wow, exactly! Narcan would have nothing to do with an Ativan RX. What a money-making scam, I hope this all comes to light in court.
this isn’t just a cvs problem Walmart in Pa forced it on me, A doctor forced it on me. Ive used my meds the same for 20 years no issues. yet im forced to keep his this on hand now wasting precious funds
Add me please
I went through the same thing. Even some of the doctors are requiring this in the Dallas/Ft Worth area. At first CVS told me it was free and then they changed it and I had to pay. This is just straight up scam.
(Texas) My doctor has to write on the script that I have Narcan and when it expires every month in order to pick up my pain medication. Guess what pharmacy? CVS. I spend one whole day a month calling my doctor on my fill date, making sure it’s sent over to pharmacy, calling the pharmacist pleading my case, wait for her to decide to fill it, and then go pick it up. It’s about an eight hour process. I have RA, Crohn’s, a nerve disorder, and now waiting on hysterectomy. The MOST ridiculous waste of good energy and time.
I’m in Texas too. My dr prescribed me narcan. Mine was sent to H-E-B they put it on file. No one has forced me to get when I get my pain meds. There is no law that I’m aware of that requires this.
I was excessively charged for Narcan at Kaiser Permanente Southern California and was told that it is required by California law when opioid was also prescribed for pain relief.
I saw Narcan in with the rest of my medication. I told the pharmacy technician at Walgreen Pharmacy I did not want the Narcan. They refuse to take it back. I was told I had to purchase Narcan at least once a year if I were getting an opioid prescription filled. I have other medication I feel that is more important to my health than Narcan. It should be my choice to purchase an overdose reversal drug. Purchasing Narcan putting significant financial strain on me. This is the second year I was required to purchase Narcan that I never use.
The pharmacy in Maryland we use does this as well. The claim the state makes them require opioid users to purchase Narcan at least once a year if they are getting an opioid prescription filled. Fortunately our pharmacy only charges $25. It is, however, an unwelcome expense.