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The U.S. Department of Justice (DOJ) has filed a civil lawsuit against CVS Pharmacy Inc. and its subsidiaries, alleging that the company unlawfully dispensed large quantities of opioids and other controlled substances over more than a decade, in violation of the Controlled Substances Act (CSA) and the False Claims Act (FCA). Justice Department

The DOJ's complaint, unsealed on December 18, 2024, in Providence, Rhode Island, asserts that since October 17, 2013, CVS filled prescriptions lacking legitimate medical purposes. These included prescriptions for excessive quantities of opioids, early refills, and dangerous drug combinations known as "trinity" prescriptions—a mix of an opioid, a benzodiazepine, and a muscle relaxant associated with a high risk of overdose. Justice Department

The lawsuit further alleges that CVS sought reimbursement from federal healthcare programs, including Medicare, Medicaid, and TRICARE, for these unlawful prescriptions, thereby violating the FCA. Justice Department

The DOJ contends that CVS pharmacies were "dangerously understaffed," pressuring pharmacists to meet corporate performance metrics that prioritized speed over safety. This environment allegedly led to the rapid filling of prescriptions without adequate verification of their legitimacy. Despite repeated warnings from pharmacists about understaffing and the potential for dispensing invalid prescriptions, the company purportedly failed to implement necessary safeguards. Barron's

In response to the lawsuit, CVS has denied the allegations, stating that it has been cooperating with the DOJ's investigation and intends to vigorously defend against the claims. The company emphasized its commitment to combating the opioid crisis and highlighted previous settlements with state and local governments related to opioid dispensing. Reuters

This lawsuit follows CVS's agreement in November 2022 to pay nearly $5 billion over ten years to settle lawsuits brought by states, cities, and tribes concerning its role in the opioid crisis. Despite these settlements, the DOJ's current action indicates ongoing scrutiny of CVS's practices in dispensing controlled substances. Legal Dive

The DOJ's lawsuit against CVS underscores the federal government's efforts to hold corporations accountable for their roles in the opioid epidemic, which has resulted in over 800,000 overdose deaths in the United States from 1999 to 2023. The outcome of this case could have significant implications for pharmacy chains and their responsibilities in dispensing controlled substances. Reuters


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