Walgreens Faces Legal Action for Alleged Unlawful Prescription Practices
TL/DR –
A civil complaint filed in the U.S. District Court accuses Walgreens Boots Alliance, Walgreen Co., and various subsidiaries of dispensing millions of illegal prescriptions in violation of the Controlled Substances Act and False Claims Act. The complaint alleges that between August 2012 and the present, Walgreens knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose or were not valid. If found liable, Walgreens could face civil penalties of up to $80,850 for each unlawful prescription filled and treble damages and penalties for each prescription paid by federal programs in violation of the False Claims Act.
Walgreens Accused of Unlawfully Dispensing Millions of Prescriptions
The U.S. Justice Department has filed a complaint against Walgreens, one of the largest pharmacy chains in the U.S. with over 8,000 pharmacies. The complaint alleges that Walgreens dispensed millions of unlawful prescriptions in violation of the Controlled Substances Act (CSA) and subsequently sought reimbursement from various federal health care programs in violation of the False Claims Act (FCA).
Walgreens’ Alleged Role in the Opioid Crisis
The lawsuit claims that Walgreens systematically pressured its pharmacists to fill prescriptions, including controlled substances, without confirming their validity. This alleged practice led to the unlawful dispensing of millions of opioid pills and other controlled substances. The complaint states that Walgreens’ actions contributed significantly to the prescription opioid crisis. In some tragic instances, patients died from overdoses shortly after filling unlawful prescriptions at Walgreens.
Walgreens Could Face Severe Penalties
If found liable, Walgreens could face civil penalties of up to $80,850 for each unlawful prescription filled in violation of the CSA, along with treble damages and applicable penalties for each prescription paid by federal programs in violation of the FCA. The court may also award injunctive relief to prevent further CSA violations by Walgreens.
Government Authorities Speak Out
Authorities, including Acting U.S. Attorney Morris Pasqual and DEA Principal Deputy Administrator George Papadopoulos, expressed their commitment to holding pharmacies like Walgreens accountable for their role in the opioid crisis. They emphasized the importance of ensuring that opioids are properly dispensed and taxpayer funds are only spent on legitimate pharmacy claims.
Whistleblower Actions Against Walgreens
Four whistleblowers, former Walgreens employees, filed actions under the qui tam provisions of the FCA. These provisions permit private parties to sue on behalf of the U.S. for false claims and share in any recovery. The U.S. has intervened and taken over these lawsuits, consolidating them into a single case, United States ex rel. Novak v. Walgreens Boots Alliance Inc.
Efforts to Combat Health Care Fraud
The U.S. government is committed to combating health care fraud, using powerful tools like the False Claims Act. Potential fraud, waste, abuse, and mismanagement can be reported to the Health and Human Services department. In the ongoing fight against the opioid crisis, the U.S. Justice Department has also created the Opioid Epidemic Civil Litigation Task Force.
Further Information on the Case
More details about the Consumer Protection Branch’s enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch. Further information about the Fraud Section of the Civil Division and its enforcement efforts can be found at www.justice.gov/civil/fraud-section. The full complaint can be viewed here.
Note: The claims asserted against Walgreens are allegations only and there has been no determination of liability.
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