Walmart Pharmacies Face DOJ Lawsuit for Filling Suspect Opioid Scripts

The U.S. Department of Justice has filed a lawsuit accusing Walmart pharmacies of illegally dispensing controlled substances, thereby allegedly contributing to the opioid crisis.

The civil complaint, filed Tuesday in federal court in Delaware, accuses the company of “hundreds of thousands of violations of the Controlled Substances Act (CSA),” according to a Justice Department news release.

According to the release, if Walmart is found liable, the company could face penalties of up to $67,627 for each prescription illegally filled by Walmart pharmacies and $15,691 per each suspicious order that was not reported.

“Under the CSA, every participant in the supply chain bears responsibility for preventing the misuse of controlled substances,” the lawsuit states.

The Justice Department’s lawsuit says there are more than 5,000 Walmart pharmacies across the U.S., and, until 2018, the company “acted as a wholesale distributor of controlled substances for its own pharmacies.”

Therefore, the company had the responsibility of not only deciding whether to fill Walmart pharmacies’ wholesale orders, but also of whether to fill individual consumers’ prescriptions.

The Department of Justice’s Prescription Interdiction & Litigation (PIL) Task Force conducted a multiyear investigation that led to the lawsuit, according to the news release. Allegedly, Walmart pharmacies “knowingly filled thousands” of prescriptions for controlled substances that were not for legitimate medical use.

The complaint also alleges Walmart received “hundreds of thousands of suspicious orders” and failed to report them to the Drug Enforcement Administration (DEA).

“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” Maria Chapa Lopez, U.S. Attorney for the Middle District of Florida, said in the Justice Department’s release. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”

Recently, Purdue Pharma agreed to plead guilty to criminal charges for its role in the opioid crisis.

With its plea, the company admits it marketed opioids to doctors it suspected were writing illegal prescriptions, then lied to the DEA.

The plaintiffs in the Walmart lawsuit are seeking injunctive relief to “address and restrain” Walmart’s alleged violations. They also seek an award of the maximum civil penalties allowed by law and any further relief the Court deems appropriate.

What is your opinion of the Justice Department’s lawsuit? Do you think Walmart pharmacies share some responsibility for the opioid crisis? Tell us your thoughts in the comments below.

The U.S. is represented by Jeffrey Bossert Clark, acting assistant attorney general, Civil Division; Daniel J. Feith, deputy assistant attorney general; and the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York and Middle District of Florida U.S. Attorney’s Offices.

The Department of Justice Walmart Opioids Lawsuit is U.S. v. Walmart Inc., et al., Case No. 1:20-cv-01744-UNA, in the U.S. District Court for the District of Delaware.

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