The DOJ sued CVS, alleging it filled illegal prescriptions

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

The government's complaint targets the nation's largest pharmaceutical company with more than 9,000 stores nationwide, alleging it "knowingly filled prescriptions for controlled substances that have no legitimate medical purpose, are not authorized, and/or are not dispensed in the normal course of professional practice."

The DOJ alleged that the drugstore giant continued its illegal practices from Oct. 17. 2013, until now.

The Department of Justice alleges that CVS filled excessive and dangerous quantities of opioids, early filling of opioids and illegal "trinity prescription".

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A man stands at the pharmacy counter at a CVS Pharmacy

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

"Prescription Trinity" is a combination of prescription drugs that includes opioids, benzodiazepines and muscle relaxants.

The complaint also alleges CVS filled prescriptions written by prescribers it knew engaged in "pill mill practices," which is when prescribers dispense drugs in large quantities without any medical purpose.

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

Pills on the table

Tablets of the opioid hydrocodone at a pharmacy in Portsmouth, Ohio, June 21, 2017. (Reuters/Bryan Woolston/File Photo/Reuters)

The Department of Justice accused CVS of violating the act due to performance metrics, compensation incentives and personnel policies.

"CVS set staffing levels too low for pharmacists to meet their performance metrics and comply with their legal obligations," the complaint said.

It also withheld important information from pharmacists that could have prevented the number of illegal prescriptions being filled, the DOJ alleged.

The DOJ also alleges that CVS, through its malfeasance, helped fuel the ongoing opioid crisis in the US

"This lawsuit alleges that CVS failed to fulfill its critical role as a gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal distribution of these highly addictive drugs, including by prescription pill mills," said US Attorney Zachary Cunha.

"When a company like CVS profits from patient safety and overburdens its pharmacy staff to the point where they can't carry out the basic responsibility of making sure prescriptions are valid, we're going to use every tool at our disposal to make sure they answer," he said.

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/Educational Images/Universal Image Group via Getty Images / Getty Images)

In a statement to Fox News Digital, a spokesperson for CVS Pharmacy said CVS officials "strongly disagree" with the allegations and "false narrative" presented by the DOJ.

Ticker Safety Last Changed Change %
CVS CVS HEALTH CORP. 59.08 -0.77 -1.29%

"We have been cooperating with the DOJ investigation for more than four years, and we strongly disagree with the allegations and false narrative in this complaint," the company said. "We will vigorously defend ourselves against this misguided federal lawsuit, which follows years of litigation over these issues by state and local governments — claims that have largely been resolved by a global settlement with the attorney general who take part

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"The government's lawsuit seeks to impose a changing standard for pharmacy practice. Many of the litigation theories presented in the complaint are not found in any statute or regulation and relate to topics on which the government has declined to provide guidance," CVS added. "Each prescription is meant for a FDA-approved opioid medications prescribed by a practitioner who is licensed, authorized and authorized by the government itself to write controlled substance prescriptions."

FDA HQ signature in Marylnd

A sign for the Food And Drug Administration outside its headquarters July 20, 2020, in White Oak, Md. (Sarah Silbiger/Getty Images/Getty Images)

A CVS Pharmacy spokeswoman pointed to its history of being an industry leader in developing ways to combat the opioid crisis.

"For example, 12 years ago, CVS Pharmacy pioneered a first-of-its-kind program to block controlled substance prescriptions written by doctors of potential concern. To date, we have blocked more than 1,250 practitioners, including nearly 600 prescribers that the government continues to license," said CVS.

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

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"The government's lawsuit intensifies a serious dilemma for pharmacists, who are simultaneously second-guessing themselves for dispensing too many opioids and too few."



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