DOJ Sues Walgreens for Millions of Illegitimate Prescriptions Filled
The lawsuit alleges Walgreens has been filling prescriptions in violation of the Controlled Substances Act since 2012.
The US Department of Justice (DOJ) filed a complaint on Friday against Walgreens for its role in filling millions of prescriptions with no medical benefits for patients, violating the Drug Enforcement Administration’s (DEA) Controlled Substances Act (CSA). The company also sought reimbursements for a large percentage of these illegitimate prescriptions, which violates the False Claims Act (FCA), according to a DOJ news release.1
“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,” said Principal Deputy Assistant Attorney General Brian M. Boynton. “These practices allowed millions of opioid pills and other controlled substances to flow illegally out of Walgreens stores.”
DOJ claims that Walgreens pressured its pharmacists to fill prescriptions without confirming validity. | image credit: M. Suhail / stock.adobe.com
According to the complaint, Walgreens has filled millions of prescriptions that “lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice” since around August 2012. Placing blame on the company and the pharmacists it employs, DOJ claims that pharmacists ignored “clear red flags” when filling illegitimate prescriptions. Walgreens was also alleged in willingly ignoring its pharmacists’ unlawful practices.
More specifically, the lawsuit focused on Walgreens’ role in prescribing opioids and fueling America’s opioid epidemic, which has since led to millions of overdose deaths and patients developing opioid use disorder. The complaint noted how Walgreens pharmacists commonly filled prescriptions for opioids, benzodiazepine, and muscle relaxers—which is a dangerously addictive combination known as the “trinity.”
READ MORE: Kentucky Sues Express Scripts for Role in Opioid Crisis
Furthermore placing blame on the Walgreens corporation, DOJ claims that the company pressured its pharmacists to fill prescriptions without confirming validity. Pharmacists were also allegedly deprived of pertinent information and data that would inform their capabilities to prescribe specific medications.1
“As alleged in the complaint, Walgreens continually disregarded its obligations under the [CSA] and [FCA] by illegally dispensing powerful controlled substances and unlawfully seeking reimbursement from federal health care programs. These laws are critically important in protecting our communities from the dangers of the opioid epidemic,” said Northern District of Illinois Attorney Morris Pasqual.
In the recent past, several entities have looked to hold major corporations accountable for their roles in fueling the US opioid epidemic, which continues to rage on in this country. According to the American Bar Association, several major drug supply chain entities have faced billions of dollars in settlements from their role in fueling the epidemic. Drug wholesalers like McKesson Corporation, pharmacies like CVS, and medication marketing companies like Purdue Pharma and Johnson & Johnson have all been forced to pay out millions in lawsuits.2
The complaint comes at a time where Walgreens is facing challenges in keeping their stores open. Indeed, in the past decade, the company has closed over 2000 locations and plans to close hundreds more in 2025, according to CBS News.3
“Walgreens placed the public in danger by disregarding their responsibility. DEA will continue to pursue any individual or corporation that chooses profit over patient safety and we will hold them accountable,” said Principal Deputy Administrator of the DEA George Papadopoulos.1
While the Walgreens corporation and its subsidiaries have faced considerable pressures from the federal government, the DEA too has faced challenges in upholding and enforcing the CSA, leading to concerted efforts from the federal government to educate US pharmacists on best practices for filling the prescriptions of controlled substances.
“The pharmacist should be looking for red flags by looking at all of the details on the face of the prescription, checking the [Prescription Drug Monitoring Program], running a public search for the provider to see if there are any disciplinary orders, talking to the patient, and calling the prescriber. That should attempt to resolve red flags by taking into account the bigger picture—circumstances matter,” said Joel Ferre, JD, Assistant United States Attorney in Utah.4
As industry experts like Ferre continue to spread the word of how to keep patients safe when dispensing medications, DOJ, DEA, and other law enforcement entities have committed to holding major companies accountable for their unlawful practices.
“We will continue to work with colleagues across the nation to confront these issues and deter pharmacies from failing to honor their obligation to ensure that these powerful drugs are provided only to those with a true medical need,” concluded Eastern District of Virginia Attorney Maya Song, JD.1
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