DOJ Files Lawsuit Against CVS Pharmacy for Filling Illegal Opioid Prescriptions

The Department of Justice (DOJ) has filed a lawsuit against CVS for filling illegal opioid prescriptions.

In a filing dated Dec. 18, 2024, the DOJ alleges that CVS Pharmacy and its subsidiaries filled “unlawful prescriptions in violation of the Controlled Substances Act (CSA) and sought reimbursement from federal healthcare programs for unlawful prescriptions in violation of the False Claims Act (FCA). CVS is the country’s largest pharmacy chain, with more than 9,000 pharmacies across the United States.”

The complaint states that beginning in October 2013 through to the present day, the company “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 some of the prescriptions CVS filled were for opioids, early fills of opioids, and “trinity” prescriptions, a hazardous combination of drugs made up of an opioid, a benzodiazepine, and a muscle relaxant. Also, the complaint alleges CVS filled prescriptions for prescribers known to practice “pill mill practices.” These are prescribers who issue large numbers of controlled substance prescriptions without any medical purpose.

CVS reportedly ignored advice from its pharmacists who indicated its stores were dispensing unlawful prescriptions. The DOJ’s complaint alleges that the violations came after the company needed their pharmacists to meet corporate performance metrics, incentive compensation, and staffing policies that “prioritized corporate profits over patient safety.”

The DOJ Wants CVS Held Accountable for Its Practices

The Justice Department unsealed a civil complaint alleging CVS and various subsidiaries filled “unlawful” prescriptions. https://t.co/NLQQCsdXX5

— FORTUNE (@FortuneMagazine) December 19, 2024

Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said, “Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful and pressured its pharmacists to fill such prescriptions without taking the time needed to confirm their validity. The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”

U.S. Attorney Zachary A. Cunha for the District of Rhode Island added, “Opioid deaths remain a scourge on communities across Rhode Island and the nation, robbing families of loved ones and leaving a path of devastation in their wake. This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal proliferation of these highly addictive drugs, including by pill mill prescribers. 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.”

The Associated Press shared a written rebuttal from Amy Thibault, director of external communications for the healthcare company: “We will defend ourselves vigorously against this misguided federal lawsuit, which follows on the heels of years of litigation over these issues by state and local governments — claims that already have been largely resolved by a global agreement with the participating state Attorneys General.”

The filing adds that claims are allegations only. At this time, liability has not been determined. If CVS is found liable, it could face civil penalties for each unlawful prescription filled, damages, and other penalties for each prescription reimbursed by federal health care programs utilized by patients.