CVS was sued by the DOJ for allegedly issuing “illegal” prescriptions

CVS Pharmacy Inc. is being sued by the U.S. Department of Justice for allegedly writing illegal prescriptions and requiring federal health programs to reimburse illegal drugs.

CVS, the largest pharmacy chain in the U.S. with 9,000 pharmacies nationwide, is accused of knowingly “writing prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, and/or were not written within the normal course of professional practice.” became”. “says a press release from the Department of Justice.

The complaint, unsealed Wednesday in the District of Rhode Island, said the large number of illegal prescriptions CVS allegedly filled included prescriptions for “dangerous and excessive amounts of opioids, premature fills of opioids and ‘trinity’ prescriptions.” . Trinity prescriptions are a “dangerous and abused” drug cocktail consisting of an opioid, a benzodiazepine (a depressant) and a muscle relaxant.

In an emailed statement to USA TODAY, a CVS spokesperson said, “We have cooperated with the DOJ’s investigation for more than four years and strongly disagree with the allegations and misrepresentation in this complaint.”

“We will vigorously defend ourselves against this misguided federal lawsuit, which follows years of litigation by state and local governments on these issues – claims that have already been largely resolved through a global agreement with the involved state attorneys general,” the statement continued.

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CVS allegedly ignored pill mills, evidence from its own pharmacists

According to the U.S. Attorney’s Office, CVS also allegedly wrote large quantities of prescriptions for controlled substances written by prescribers who were known to be involved in “pill mill practices.”

Pill mills are illegal on-site pharmacies that prescribe large quantities of controlled substances to patients who do not need them for medical purposes, according to the National Library of Medicine.

Although CVS had “substantial evidence from multiple sources, including its own pharmacists and internal data,” the pharmacy ignored that its stores were dispensing illegal prescriptions, according to the complaint.

“When lives are destroyed or lost due to opioid abuse, it doesn’t matter whether the supplier is a street dealer, a pill mill or a nationwide corporation,” said U.S. Attorney Jessica D. But for the Eastern District of Virginia, the release said. “Our laws regarding the distribution of opioids and other controlled substances are clear and apply to everyone. We will take all legal action necessary to stop any company, regardless of size, that prioritizes profit over the safety of our citizens.”

DOJ: ‘CVS’ actions helped fuel opioid crisis”

By allegedly ignoring evidence and violating both the Controlled Substances Act (CSA) and the False Claims Act (FCA), CVS achieved company-mandated performance metrics, received incentive compensation, and adhered to human resources policies that “placed corporate profits over patient safety.” . said the Justice Department.

According to the U.S. Attorney’s Office, CVS’ staffing levels were far too low for pharmacists to meet their performance criteria and fulfill their legal obligations. The pharmacy also “withheld important information” from its pharmacists and, among other things, did not warn them about certain prescribing doctors.

“The complaint alleges that CVS’s actions helped fuel the opioid crisis and that, in some particularly tragic cases, patients died of opioid overdoses shortly after filling unlawful prescriptions at CVS,” the release said of the Ministry of Justice.

Whistleblower brought allegations against CVS to light

The Justice Department named Hillary Estright, a former CVS employee, as a whistleblower after she filed a lawsuit alleging pharmacy misconduct on October 17, 2019. She filed the lawsuit under the FCA’s qui tam provisions, which allow private parties to sue on behalf of the U.S. for false claims and share in any recoveries, the Justice Department said.

The FCA also allows the US to intervene and take over claims brought under the qui tam provisions, which it did in this case.

According to CVS, the “illegal” prescriptions were for an FDA-approved opioid medication

According to the CVS statement, the pharmacy said the government’s lawsuit seeks to “enforce a changing standard of pharmacy practice.”

“Many of the litigation theories set forth in the complaint are not found in any law or regulation and relate to issues on which the government has chosen not to provide guidance,” the statement said.

CVS also said the prescriptions, which the Justice Department described as “unlawful,” involved an FDA-approved opioid medication that was prescribed by a doctor who was “licensed, authorized and authorized by the government itself to write prescriptions for controlled substances.” “, says the statement.

According to the statement, 12 years ago, CVS Health launched a “first-of-its-kind program to block controlled substance prescriptions from potentially concerning physicians.” To date, the pharmacy has blocked more than 1,250 doctors, including 600 prescribers to whom the government continues to grant licenses, the statement said.

“This program is not required by law or regulation, and CVS Health has repeatedly defended itself against lawsuits from those who allege that we go too far in blocking opioid prescribers,” according to CVS. “The government’s lawsuit exacerbates a serious dilemma for pharmacists, who are simultaneously being called into question for dispensing too many and too few opioids.”

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