The Justice Department recently unsealed a civil complaint accusing CVS Pharmacy Inc. and its subsidiaries of filling 'unlawful' prescriptions in violation of the federal Controlled Substances Act. The complaint also alleges that CVS sought reimbursement from federal health care programs for these prescriptions in violation of the False Claims Act. CVS, the largest pharmacy chain in the U.S. with over 9,000 pharmacies, has been under investigation for more than four years.
According to prosecutors, CVS allegedly filled prescriptions for dangerous quantities of opioids, early fills of opioids, and 'trinity' prescriptions, which combine an opioid, a benzodiazepine, and a muscle relaxant. The complaint further claims that CVS dispensed large quantities of controlled substances prescribed by doctors known to engage in 'pill mill practices.'
Despite evidence from various sources, including CVS pharmacists and internal data, indicating the dispensing of such prescriptions, the company has denied the allegations. U.S. Attorney Zachary Cunha for the District of Rhode Island stated that CVS failed in its role as a gatekeeper of prescription opioids, contributing to the illegal proliferation of these highly addictive drugs.
If found liable, CVS could face civil penalties for each unlawful prescription filled and additional penalties for prescriptions reimbursed by federal health care programs. CVS has stated its intention to vigorously defend against the lawsuit, emphasizing its cooperation with investigators and previous resolutions with state and local governments.
The complaint against CVS comes in the wake of McKinsey & Company's $650 million settlement to resolve an investigation related to its work with opioids manufacturer Purdue Pharma. Federal prosecutors continue to target companies that allegedly played a role in fueling the U.S. addiction and overdose crisis, which has resulted in over 80,000 annual deaths in recent years.
Over the past decade, drugmakers, wholesalers, and pharmacies have reached settlements totaling approximately $50 billion with governments, with the majority of funds designated for combating the opioid crisis.
