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Walgreens sued by DOJ, alleging it knowingly filled illegal prescriptions

The U.S. Department of Justice this week filed a lawsuit against Walgreens, alleging the company knowingly filled illegal prescriptions with no medical purpose, including opioids. 

Walgreens is accused of filling millions of illegal prescriptions in a violation of the Controlled Substances Act and then trying to get federal reimbursement for the prescriptions through various federal health care programs in violation of the False Claims Act, according to the nationwide lawsuit filed in the U.S. District Court for the Northern District of Illinois. 

“This lawsuit seeks to hold Walgreens accountable for the many years that it failed to meet its obligations when dispensing dangerous opioids and other drugs,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement. 

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Boynton added, “Our complaint alleges that Walgreens pharmacists filled millions of controlled substance prescriptions with clear red flags that indicated the prescriptions were highly likely to be unlawful, and that Walgreens systematically pressured its pharmacists to fill prescriptions, including controlled substance prescriptions, without taking the time needed to confirm their validity. These practices allowed millions of opioid pills and other controlled substances to flow illegally out of Walgreens stores.”

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Outside of Walgreens store

A Walgreens store in Homestead, Fla. (Joe Raedle/Getty Images / Getty Images)

The lawsuit alleges the illegal prescription-filling began in August 2012, and has continued until now. 

“Dangerous and excessive quantities of opioids” and the even more dangerous “combination of drugs known as the ‘trinity,’ which is made up of an opioid, a benzodiazepine and a muscle relaxant,” were among the millions of unlawful prescriptions, according to the complaint. 

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It also alleged that the store ignored “substantial evidence” from multiple sources that illegal prescriptions were being filled, “including from its own pharmacists and internal data.”

Walgreens in response said it needed clarification from the court.

Walgreens store in NYC

A merchandise aisle at a Walgreens store in New York City.  (Lindsey Nicholson/UCG/Universal Images Group via Getty Images / Getty Images)

“We are asking the court to clarify the responsibilities of pharmacies and pharmacists and to protect against the government’s attempt to enforce arbitrary ‘rules’ that do not appear in any law or regulation and never went through any official rulemaking process,” the company, Walgreens Boots Alliance, said in a statement on its website. “We will not stand by and allow the government to put our pharmacists in a no-win situation, trying to comply with ‘rules’ that simply do not exist.”

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It continued, “Walgreens stands behind our pharmacists, dedicated healthcare professionals who live in the communities they serve, filling legitimate prescriptions for FDA-approved medications written by DEA-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.”

Walgreens added that it looks “forward to the opportunity to defend the professionalism and integrity of our pharmacists.”

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