The Department of Justice (DOJ) filed a lawsuit late last week against Walgreens alleging the company and its subsidiaries unlawfully dispensed and sought reimbursement for “millions” of prescriptions.
The civil complaint, filed in a northern Illinois district court, alleges violations of the Controlled Substances Act and the False Claims Act from August 2012 through the present.
If found liable, the company could face civil penalties of up to $80,850 per unlawful Controlled Substances Act prescription as well as treble damages and penalties for those paid out by federal programs in violation of the False Claims Act, the DOJ said. Other injunctive relief to discourage further violations could also be on the table.
The filled and billed prescriptions involved “dangerous and excessive quantities of opioids, prescriptions for early refills of opioids and prescriptions for the especially dangerous and abused combination of drugs known as the ‘trinity,’ which is made up of an opioid, a benzodiazepine and a muscle relaxant,” the DOJ said Friday.
The government’s complaint goes on to say that the company’s pharmacists filled the prescriptions despite one of several “red flags” they are trained to recognize. Walgreens allegedly ignored internal data and other evidence from its pharmacists that its stores were unlawfully dispensing the controlled substances, the DOJ wrote. The company also “systematically pressured its pharmacists” to dispense prescriptions quickly, “fostered a corporate culture” where diligent pharmacists who verified such prescriptions “were subject to demand” and “intentionally deprived” pharmacists of key information, for instance by preventing pharmacists from warning others of known bad prescribers, according to the complaint.
“These practices allowed millions of opioid pills and other controlled substances to flow illegally out of Walgreens stores,” Principal Deputy Assistant Attorney General Brian Boynton, head of the DOJ’s Civil Division, said in a Friday release.
The new lawsuit consolidates whistleblower complaints from four individuals who had worked at Walgreens in various areas of the country.
In a statement, Walgreens said it is seeking clarity from the court on the responsibilities of its pharmacies and pharmacists and said it will push back against “arbitrary ‘rules’ that do not appear in any law or regulation” it said the government is attempting to enforce.
“Walgreens stands behind our pharmacists, dedicated healthcare professionals who live in the communities they serve, filling legitimate prescriptions for [Food and Drug Administration]-approved medications written by [Drug Enforcement Administration]-licensed prescribers in accordance with all applicable laws and regulations. Walgreens has long been a leader in providing education and resources, as well as implementing best-in-class policies and procedures, to help combat opioid misuse and abuse. We look forward to the opportunity to defend the professionalism and integrity of our pharmacists.”
The new civil complaint comes about four months after Walgreens agreed to a $106.8 million settlement with the DOJ over prescriptions that weren’t picked up by beneficiaries but still processed and billed. Walgreens attributed the issue to a software error when adopting a new technology system and had already paid back a portion of the total while cooperating with the government’s investigation.
The DOJ’s new allegations echo those made in a case against fellow pharmacy chain CVS last month. There, law enforcement had similarly alleged that the company knowingly dispensed prescriptions for opioids in “dangerous and excessive quantities,” gave out early refills and also filled "trinity" prescriptions.