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 problems with a CVS pharmacist in Connecticut who refused to fill a prescription as written by my medical provider – meds that I had been taking for years which allowed me to function – and was routinely filled at a CVS approved retail pharmacy (not at a CVS pharmacy). After numerous calls to those in higher positions at CVS I was finally able to have my med script filled – I did, however, have to threaten lawsuits, filing complaints with HHS, state regulatory agencies. They consistently make mistakes, often keep sending texts or emails that scripts are ready for refills well before the script is to be refilled (when they have been told numerous times to discontinue that communication, lies (tells you a drug is no longer available, then the same day tells you it’s on back order, then tells you they have to contact your medical provider). They also try to have the patient’s doctor switch over to generic without the patient’s knowledge without the patient’s knowledge or authorization. Have saved copies of every communication. They are supposed to be filling scripts as written by your doctor – not attempt to have a doctor change the script, nor should they be allowed to contact your doctor without the patient’s authorization. SHAME ON CVS. I would rather pay more for meds than deal with CVS.
Is it possible to add other states? This also happened to me in PA. I had to get NARCAN, before I could pick up my C2. Than more rules came shortly after that. I was told that they could only fill my pain medicine or my anxiety medication, not both even though I had been on the same medications for 7+ years. So incredibly sad.
Just so everybody knows i was on 75 mg of fentanyl and taking 7.5 of percocet. I always go to Walmart pharmacy. The pharmacist was very concerned about me mixing the 2 drugs so she gave me a box of narcan and said i should always keep this just incase of an accidental overdose. She also stated it is free to anyone. This was about 5 months ago. So maybe you should change pharmacies. Good luck!!
I experienced the same issue at Walgreens plus they always convinced me to pay out of pocket instead of using my insurance, unfortunately that made a difference of paying $30 Co-Pay to $118-$165 w/o insurance and the Narcan was between $30 to $80 when the pharmacist more or less said the DEA required me to have it on hand if I was taking pain medication.
Yes I’ve been on suboxone for over ten years and CVS always pushes narcan on you as if your going to overdose.PLEESE ADD ME
I’ve worked there for over 20 years. I have seen the abuse the pharmacist takes! They have only 30 minutes lunch break. I see pharmacist continue to fill prescriptions even they are suppose to be clocked out and not working. (Lunch break-30-minutes) This company have no moral values!
Add me plz
I’ve been on pain meds for as long as I can remember. 17 years old is when I got my first opiad script. I’m now 30yrs old and I switched from Walgreens pharmacy to CVS because of the generic they offered that walgreens wouldn’t. Long story short about 2 years ago maybe 3 EVERYTIME I PICK UP MY SCRIPT, THEY WONT ALLOW ME TO UNLESS WITH THE PURCHASS OF NARCAN. about 4 months ago I didn’t have the extra money for it they refused to give me my script and this led to a heroine addiction relapse. Which I also Overdosed as well, but I couldn’t go through the pain and stress without my pain meds but they refused because I didn’t have the extra money to buy NARCAN. Now I am still addicted to heroin and I’ve even moved on to fetnyal in rock form where I smoke and shoot it up. Thank you CVS I was clean off heroine and illegal drugs until you made me relapse. Se will say it’s not there fault but you know what I was on the wagon for 7years sober until that day. Now I’m 2uears and counting off the wagon. What’s the point of I can’t get a script without extra money I mind as well just spend what I have on the better stuff anyways.
I had my prescription refilled for the first time in a year. When I picked up my RX, I saw the narcan. I was honestly offended and thought my Dr. ordered it. No it was CVS.
I have a script for 30 mg oxycodone and I’ve had it for quite some time. CVS is 100%, my pharmacy of choice and I have never been Required to purchase anything extra. I’m pretty sure that my insurance company would deny it.
CVS was refusing to fill the pain meds I had been on for 10yrs, they actually held my meds hostage saying they wouldn’t give them to me until I bought Narcan. I refused and called my pain management dr. He called the pharmacy and whatever he said had them handing over my medication, but not before the pharmacist looked at me and said, “you do know you’re going to die from an overdose, you know that right.” That’s when I found a new pharmacy.