A nationwide civil complaint has been filed against Walgreens Boots Alliance, Walgreen Co. and various subsidiaries (“Walgreens”) in the U.S. District Court for the Northern District of Illinois. The 300-page complaint allege, inter alia, that the pharmacy giant violated the False Claims Act (“FCA”) and the Controlled Substances Act (“CSA”) by knowingly filling millions of invalid controlled-substance prescriptions.
According to the complaint, from approximately August 2012 to the present, Walgreens pharmacists filled prescriptions with clear red flags indicating they were highly likely to be unlawful. The CSA regulates how pharmacists are to dispense controlled substances. And pharmacists are obligated to evaluate controlled-substance prescriptions for “red flags” or signs that the prescription may be invalid. But Walgreens allegedly dispensed prescriptions that included dangerous and excessive quantities of opioids, early refills, and the especially dangerous combination of drugs known as the “trinity” (an opioid, a benzodiazepine, and a muscle relaxant). The government further alleges that Walgreens systematically pressured its pharmacists to fill prescriptions quickly without taking the time needed to confirm their validity. Because the legitimacy of a controlled-substance prescription is material to whether the government will reimburse the claim, Walgreens allegedly caused false claims to be submitted to the Federal Healthcare Programs in violation of the FCA.
This action was initiated by four separate whistleblowers throughout the country under the qui tam provisions of the FCA. All the relators, T.J. Novak, Elmer Mosley, Patrick Awa, and K&V Group, LLP, are former Walgreens employees. The outcome of this lawsuit could have significant implications for Walgreens and the pharmaceutical industry as a whole. It highlights the critical role pharmacies play in ensuring the lawful dispensing of controlled substances and the importance of addressing the opioid epidemic.
The attorneys at Chilivis Grubman represent clients of all types and sizes in connection to False Claims Act investigations and litigation. If you need assistance with such a matter, please contact us today.