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DOJ sues CVS, alleging it filled illegal prescriptions


The U.S. Department of Justice (DOJ) filed a civil lawsuit in federal court alleging that CVS Pharmacy filled illegal prescriptions in violation of the Controlled Substances Act (CSA) and the False Claims Act (FCA).

The government’s complaint targets the country’s largest pharmaceutical company, with more than 9,000 stores nationwide, alleging that it “knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose, were invalid and/or were not were issued in the ordinary course of professional practice.”

The Department of Justice alleges that the pharmaceutical giant continued its illegal practice from October 17, 2013 to the present.

The Department of Justice alleged that CVS illegally filled excessive and dangerous quantities of opioids, early opioid refills, and “trinity prescriptions.”

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A man standing at the CVS Pharmacy counter.

A lawsuit alleges that CVS Health filled illegal prescriptions. (Joe Raedle/Getty Images/Getty Images)

“Trinity prescriptions” are a combination of prescription medications that include an opioid, a benzodiazepine, and a muscle relaxant.

The lawsuit also claims that CVS filled prescriptions written by prescribers it knew engaged in “pill milling practices,” which was when prescribers dispensed large quantities of medications for no medical purpose.

“According to the complaint, CVS ignored substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores were dispensing illegal prescriptions,” the DOJ said.

pills on a table

Hydrocodone opioid tablets at a pharmacy in Portsmouth, Ohio, June 21, 2017. (Reuters/Bryan Woolston/File Photo/Reuters)

The Justice Department accuses CVS of violating laws due to performance metrics, compensation incentives and personnel policies.

“CVS established staffing levels that were too low for pharmacists to meet their performance metrics and legal obligations,” the complaint said.

Additionally, he withheld crucial information from pharmacists that could have prevented the number of illegal prescriptions filled, the Justice Department alleged.

The Justice Department also alleged that CVS, through its malpractice, helped fuel the ongoing opioid crisis in the US.

“This lawsuit alleges that CVS failed to exercise its critical role as a gatekeeper to dangerous prescription opioids and instead facilitated the illegal distribution of these highly addictive drugs, including by pill prescribers,” said U.S. Attorney Zachary Cunha.

“When corporations like CVS value profits over patient safety and overburden their pharmacy staff so they can’t fulfill the basic responsibility of ensuring prescriptions are legitimate, we will use every tool at our disposal to ensure that answer for it,” he said. saying.

The DOJ said CVS could face civil penalties for each illegal prescription filled in violation of the CSA, penalties for each prescription reimbursed by federal health care programs, and injunctive relief to prevent CVS from committing further violations.

A patient in a pharmacy.

A CVS pharmacy (Jeffrey Greenberg/Education Images/Universal Images Group via Getty Images/Getty Images)

In a statement to Fox News Digital, a CVS Pharmacy spokesperson said CVS officials “disagree” with the allegations and “false narrative” presented by the Department of Justice.

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“We have cooperated with the Department of Justice’s investigation for more than four years and strongly disagree with the allegations and false narrative within this complaint,” the company said. “We will vigorously defend against this misguided federal lawsuit, which follows years of litigation over these issues by state and local governments, claims that have already been largely resolved through a global settlement with participating state attorneys general.

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“The government’s lawsuit seeks to impose a changing standard for pharmacy practice. Many of the litigation theories set forth in the lawsuit are not found in any statute or regulation and relate to issues on which the government has refused to provide guidance” CVS added. “Each of the prescriptions in question was for an FDA-approved opioid medication prescribed by a physician who was licensed, licensed, and approved by the government itself to prescribe controlled substances.”

Sign for the FDA headquarters in Maryland

A Food and Drug Administration sign outside its headquarters on July 20, 2020, in White Oak, Maryland. (Sarah Silbiger/Getty Images/Getty Images)

The CVS Pharmacy spokesperson highlighted its history as an industry leader in developing ways to combat the opioid crisis.

“As an example, 12 years ago, CVS Pharmacy pioneered a first-of-its-kind program to block physician-written controlled substance prescriptions that may be of concern. To date, we have blocked more than 1,250 professionals, including nearly 600 prescribers who the government continues to license,” CVS said.

“This program is not required by any statute or regulation, and CVS Health has repeatedly defended lawsuits from those who claim we go too far in blocking opioid prescribers.

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“The government’s lawsuit intensifies a serious dilemma for pharmacists, who at the same time are questioned for dispensing too many opioids and too few.”



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