Walgreens Faces Lawsuit Over Alleged Unlawful Prescription Practices

The U.S. Department of Justice (DOJ) has filed a lawsuit against Walgreens Boots Alliance, Walgreen Co., and various subsidiaries, alleging that the pharmacy giant knowingly filled millions of unlawful prescriptions for controlled substances, including opioids, in violation of the Controlled Substances Act (CSA) and the False Claims Act (FCA). The civil complaint, filed in the U.S. District Court for the Northern District of Illinois, accuses Walgreens of systematically pressuring its pharmacists to fill prescriptions quickly without proper verification, leading to the unlawful dispensing of controlled substances.

The DOJ's complaint alleges that Walgreens pharmacists filled prescriptions despite clear "red flags" indicating that the prescriptions were highly likely to be unlawful. These red flags included prescriptions for dangerous and excessive quantities of opioids, early refills, and the "trinity" combination of drugs (an opioid, a benzodiazepine, and a muscle relaxant), which is known to be especially dangerous and abused. Walgreens allegedly ignored substantial evidence from multiple sources, including its own pharmacists and internal data, that its stores were dispensing unlawful prescriptions.

Walgreens is accused of systematically pressuring its pharmacists to fill prescriptions quickly, without taking the time needed to confirm each prescription's validity. The company also allegedly deprived its pharmacists of crucial information, including by preventing them from warning one another about certain prescribers. This lack of information and communication made it difficult for pharmacists to identify and address potential unlawful prescriptions.

The complaint alleges that Walgreens' actions helped to fuel the prescription opioid crisis and that, in some particularly tragic instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at Walgreens. If found liable, Walgreens could face civil penalties of up to $80,850 for each unlawful prescription filled in violation of the CSA and 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 Walgreens from committing further CSA violations.

Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois stated, "These laws are critically important in protecting our communities from the dangers of the opioid epidemic. Our office will continue to work with our law enforcement partners to ensure that opioids are properly dispensed and that taxpayer funds are only spent on legitimate pharmacy claims." U.S. Attorney Roger B. Handberg for the Middle District of Florida added, "The damage caused by the opioid crisis continues to reverberate in the Middle District of Florida and around the country. The filing of this civil complaint is a major step in our continued effort to confront those responsible for the harm they have done to our communities."

Walgreens has responded to the lawsuit, stating that it stands behind its pharmacists and that they fill legitimate prescriptions for FDA-approved medications written by DEA-licensed prescribers in accordance with all applicable laws and regulations. The company maintains that it will defend the professionalism and integrity of its pharmacists in court.

The lawsuit against Walgreens is part of a broader effort by the DOJ to hold companies accountable for their alleged roles in the U.S. addiction and overdose crisis, with opioids tied to over 80,000 annual deaths in some recent years. During the past decade, most of those deaths have been attributed to illicit fentanyl, which is laced into many illegal drugs. Prescription pills were the primary cause earlier. Over the past eight years, drugmakers, wholesalers, and pharmacies have agreed to approximately $50 billion in settlements with governments, with the majority of the money going toward fighting the crisis.

As the lawsuit against Walgreens progresses, it will be crucial to examine the evidence and arguments presented by both sides to determine the extent of the company's responsibility in the prescription opioid crisis. The outcome of this case could have significant implications for the pharmaceutical industry and the ongoing effort to combat the opioid epidemic in the United States.