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
Please do a class action against the CDC and DEA. Chronic pain patients have to jump through hoops to get their medication. My sister age 43 died due to chronic undertreated pain. It put too much stress on her heart. Pain is a health condition and CPP are discriminated against for the actions of a few. The DEA are not trained medical doctors. Yet they interfere in CPP care by tying our physicians hands. Doctors go through intense training and they want to help their patients be able to have quality of life. CPP do not get a high from pain medication. It just relieves our pain so we can be out of bed and viable citizens and productive people. This has got to stop. We ARE NOT CRIMINALS we are people with debilitating injuries or diseases. We deserve treatment cooperative with our conditions. It is a constitutional right.
This class action suit should be expanded to every state since it’s CVS policy in every state. I’m in Indiana and initially I told my husband not to accept the Narcan (he picks up my Rx’s), but after several months of CVS insisting that I must get it filled, he got tired of fighting them on it and paid for it. Waste of money!
I recently went in to my local pharmacy and upon arrival was told my current prescriptions, both OXYCODONE 30MG & OXYCONTIN 60MG, both required an additional purchase of NARCAN in conjunction with my medications as a precautionary measure. I was somewhat irritated with this situation, but unfortunately, it’s a policy mandated, and ultimately forced upon by the pharmacy to its consumers.
At this time I’d like inclusion with the aforementioned class action lawsuit.
Lisa L. Lee v. CVS Pharmacy Inc., et al., Case No. 37-2020-000228843-CU-BT-CTL
Respectfully
Michael J Revelli
I recently went in to my local pharmacy and upon arrival was told my current prescriptions, both OXYCODONE 30MG & OXYCONTIN 60MG, both required an additional purchase of NARCAN in conjunction with my medications as a precautionary measure. I was somewhat irritated with this situation, but unfortunately, it’s a policy mandated, and ultimately forced upon by the pharmacy to its consumers.
At this time I’d like inclusion with the aforementioned class action lawsuit.
Respectfully
Michael J Revelli
“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.“
THIS IS NOT JUST TRUE OF OPIOIDS. I WAS DENIED MY SEIZURE MEDICATION. CVS REFUSED TO FILL MY CRITICAL MEDICATION, CITING A NEWLY IMPLEMENTED INTERNAL PROCEDURE THAT REQUIRED MEDICAID PATIENTS TO SUBMIT A STATE FORM SPECIFICALLY, A CHILDREN’S FORM. ONCE CVS SUBMITS FORM TO HEALTH & HUMAN SERVICES, IT CAUSES AN INSTANT DENIAL OF PRIOR AUTHORIZATION, AS THE FORM ISN’T A LEGITIMATE FORM FOR ADULTS. CVS
SELF IMPLEMENTED THIS CORPORATE POLICY WHEN DHSS REQUIRES NO FURTHER, SPECIAL STEPS TO APPLY FOR A PA. I WAS LEFT WITHOUT MY MEDS FOR 4 MONTHS MINIMUM, CAUSING GRAND MAL SEIZURES ALMOST DAILY. NO NOTICE OF SUDDEN POLICY CHANGE. NO INSTRUCTIONS ON HOW TO SATISFY THEIR CORPORATELY INSTITUTED PROTOCOL DEVISED TO REJECT APPROVALS AND EQUIVOCATE STATE REGULATIONS, DENY PATIENTS OF VITALLY NECESSARY MEDS. CVS REGIONAL MGMT ADMITTED I WAS NOT THE ONLY ONE FACED WITH THIS MED WITHHOLDING. THEY ARE STILL OBSTRUCTING PATIENTS ACCESS TO LIFE-SUSTAINING MEDS, PRESENTLY.
Yes this happened to me with CVS too.
I have been a chronic pain patient for 20+ years which requires schedule II opioids. All of this direction by the DEA is making it more difficult for legitimate users of opioids. Now requiring the purchase of Narcon it’s ridiculous
If it is wrote on the same prescription from the hospital you are required all or nothing… if on separate prescription papers then they can be filled without getting all. I use cvs each month for my grandparents meds and they have never forced them to buy anything else , or anyone else i know unless the prescription was wrote on the same paper. People will lie about anything for a payday
Shoprite in nj too! you can add me and this state!
I am 64 1/2 taking opioids for along period of time. And still have to take this medication.