U.S. DOJ jabs Walgreens with opioid lawsuitU.S. DOJ jabs Walgreens with opioid lawsuit
The U.S. Justice Department alleges that retailer ignored prescription red flags and illegally filed for federal reimbursement
January 21, 2025
The U.S. Justice Department has filed a civil suit against Walgreens accusing the retailer of dispensing millions of illegal opioids and other prescriptions and then illegally seeking reimbursement for many of them. The suit, filed in the U.S. District Court for the Northern District of Illinois, alleges that Walgreens 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.” A spokesperson for Walgreens could not be reached for comment.
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The suit represents yet another setback for the drugstore chain, which had recently launched a sweeping store-closure campaign and had begun taking other steps to transform its business. The new civil suit also follows the multi-billion-dollar settlements of opioid-related suits brought by several states and local municipalities against pharmacy retailers and suppliers. Walgreens in 2022 had agreed to settle its share of those lawsuits by agreeing to pay up to $5.52 billion over a 15-year span, and Walmart and CVS also agreed to large settlements with state and local jurisdictions. Supermarket retailer Kroger in 2023 agreed to pay up to $1.4 billion to settle opioid lawsuits brought by states and other entities.
More details
The Justice Department’s latest civil suit against Walgreens alleges that Walgreens pharmacists filled prescriptions for controlled drugs despite clear “red flags” indicating that the prescriptions were likely to be illegal, in violation of the federal Controlled Substances Act (CSA)
The suit also claims that Walgreens systematically pressured its pharmacists to fill prescriptions quickly without taking the time needed to confirm the validity of each prescription, and prevented Walgreens pharmacists from warning each other about certain prescribers
By filing for federal reimbursement for some of these prescriptions, Walgreens also violated the False Claims Act (FCA), according to the DOJ
Walgreens helped fuel the prescription opioid crisis, the suit alleges, and in some instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at Walgreens
Among the illegal prescriptions that Walgreens allegedly filled were for dangerous amounts of opioids, prescriptions for early refills of opioids, and prescriptions for the combination of drugs known as the “trinity,” which includes an opioid, a benzodiazepine, and a muscle relaxant
If found liable, Walgreens could face civil penalties of up to $80,850 for each unlawful prescription filled in violation of the CSA and treble damages and applicable penalties for each prescription paid by federal programs in violation of the FCA
Four different whistleblowers who previously worked for Walgreens in various parts of the country filed whistleblower actions under provisions of the FCA, according to the DOJ
In their own words
“Walgreens and its pharmacists have an obligation to ensure that every prescription they fill is legitimate and issued responsibly. [The Drug Enforcement Administration] will continue to pursue any individual or corporation that chooses profit over patient safety, and we will hold them accountable.” —DEA Principal Deputy Administrator George Papadopoulos
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