DOJ sues CVS, alleging it filled unlawful prescriptions

The U.S. Justice Department (DOJ) filed a civil complaint in federal court alleging CVS Pharmacy filled unlawful prescriptions in violation of the Controlled Substance Act (CSA) and False Claims Act (FCA).

The government’s complaint targets the country’s largest pharmaceutical company with over 9,000 stores nationwide, alleging it “knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice.”

The DOJ alleges the drugstore giant continued its unlawful practice from Oct. 17, 2013, to the present.

The Department of Justice alleged CVS filled excessive and dangerous quantities of opioids, early fills of opioids and “trinity prescriptions” illegally.

CVS PULLS EXECUTIVE PHOTOS FROM WEBSITE AMID MANHUNT FOR UNITEDHEALTHCARE CEO KILLER

A lawsuit alleges CVS Health filled unlawful prescriptions. (Joe Raedle/Getty Images / Getty Images)

“Trinity prescriptions” are a combination of prescription drugs that includes an opioid, a benzodiazepine and a muscle relaxant.

The complaint also claims CVS filled prescriptions written by prescribers it knew to engage in “pill mill practices,” which was when prescribers issue large quantities of drugs without any medical purpose.

“According to the complaint, CVS ignored substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores were dispensing unlawful prescriptions,” the DOJ said.

Tablets of the opioid hydrocodone at a pharmacy in Portsmouth, Ohio, June 21, 2017. (Reuters/Bryan Woolston/File Photo / Reuters)

The Justice Department accuses CVS of violating the acts due to performance metrics, compensation incentives and staffing policies.

“CVS set staffing levels far too low for pharmacists to both meet their performance metrics and comply with their legal obligations,” the complaint said. 

It additionally withheld crucial information from pharmacists that could have prevented the amount of unlawful prescriptions filled, the DOJ alleged.

The DOJ also alleged that CVS, through its malpractice, helped fuel the continuing opioid crisis in the U.S.

“This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal distribution of these highly addictive drugs, including by pill mill prescribers,” U.S. Attorney Zachary Cunha said. 

“When corporations such as CVS prize profits over patient safety and overburden their pharmacy staff so that they cannot carry out the basic responsibility of ensuring that prescriptions are legitimate, we will use every tool at our disposal to see that they answer for it,” he said.

The DOJ said CVS could face civil penalties for every single unlawful prescription filled in violation of the CSA, penalties for each prescription reimbursed by federal health care…