Whistleblowers prompt DOJ lawsuit against Walgreens in opioid case

The U.S. Department of Justice (DOJ) has stepped into multiple whistleblower lawsuits against Walgreens Boots Alliance Inc., accusing the pharmacy giant of contributing to the opioid epidemic through unlawful dispensing practices. The complaints, consolidated in the U.S. District Court for the Northern District of Illinois, allege that Walgreens knowingly filled millions of opioid prescriptions that lacked medical legitimacy.

The DOJ claims these actions violated the Controlled Substances Act (CSA) and False Claims Act (FCA). By prioritizing profits over safety, Walgreens allegedly enabled the illegal flow of opioids into communities, worsening addiction rates and causing significant harm to public health.

What Are the Allegations Against Walgreens?

According to the DOJ’s complaint, Walgreens pharmacists ignored multiple “red flags” when filling prescriptions, including high dosages, suspicious early refills, and dangerous drug combinations, such as the “trinity” of opioids, benzodiazepines, and muscle relaxants. The lawsuit further alleges that pharmacists were pressured to process prescriptions quickly, often without adequate time to verify their validity.

This alleged negligence resulted in taxpayer-funded healthcare programs like Medicare, Medicaid, and Tricare covering illegitimate prescriptions. The complaint accuses Walgreens of violating federal laws by both enabling opioid misuse and defrauding government healthcare systems.

How Did Whistleblowers Bring These Violations to Light?

The lawsuits stem from claims made by four whistleblowers, including a former Walgreens pharmacist. Filed under the FCA’s qui tam provisions, these cases empower private individuals to sue on behalf of the government. The whistleblowers alleged that Walgreens discouraged staff from questioning prescriptions or alerting colleagues about suspicious prescribers.

One whistleblower described incidents where customers overdosed shortly after receiving opioids, including in Walgreens restrooms. Despite raising concerns, the whistleblower faced retaliation, such as reduced working hours.

What Is the DOJ’s Role in This Case?

The DOJ’s decision to intervene highlights its commitment to addressing the opioid epidemic through legal accountability. Principal Deputy Assistant Attorney General Brian M. Boynton remarked that the lawsuit aims to hold Walgreens accountable for failing to meet its obligations as a pharmacy.

“The complaint alleges that Walgreens pharmacists filled millions of prescriptions despite clear warning signs that they were unlawful. This lawsuit seeks to address years of negligence in dispensing dangerous drugs,” Boynton said.

If found liable, Walgreens could face significant penalties under the CSA, including fines of up to $80,850 per unlawful prescription. Additional damages under the FCA could include treble damages and further penalties for fraudulent reimbursement claims.

How Does This Case Reflect Broader Industry Issues?

Walgreens is not the only pharmacy chain facing scrutiny for its role in the opioid crisis. The DOJ’s lawsuit follows a $409 million settlement with Rite Aid in a similar case brought by whistleblowers represented by the law firm Baron & Budd.

Scott Simmer, a shareholder at Baron & Budd, emphasized the systemic nature of the problem:

“Major retail pharmacies like Walgreens have failed in their duty to responsibly dispense dangerous drugs. Their greed has led to addiction, overdose deaths, and billions of wasted taxpayer dollars.”

Federal authorities have intensified their focus on retail pharmacies, recognizing their critical role in monitoring prescription validity. The DOJ has created the Opioid Epidemic Civil Litigation Task Force to enhance its efforts to hold corporations accountable for their part in the crisis.

What Are the Implications of This Lawsuit?

The DOJ’s intervention underscores the federal government’s determination to combat healthcare fraud and hold corporations responsible for their role in the opioid epidemic. By targeting Walgreens, the DOJ sends a strong message to other pharmacies about the consequences of failing to meet legal obligations.

Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois stated:

“These laws are critically important in protecting our communities from the dangers of the opioid epidemic. Our office will continue to work with law enforcement to ensure compliance with federal laws.”

Will This Lawsuit Help Curb the Opioid Crisis?

While lawsuits alone cannot solve the opioid epidemic, they play a crucial role in addressing corporate misconduct. By enforcing compliance and imposing financial penalties, the DOJ aims to deter similar practices in the future.

Walgreens’ case also highlights the importance of systemic changes within the retail pharmacy sector, including better oversight of prescription practices and stronger protections for whistleblowers.

The DOJ’s lawsuit against Walgreens represents a pivotal moment in the fight against the opioid crisis. By holding corporations accountable, federal authorities hope to curb the flow of illegal opioids and protect communities from further harm. The outcome of this case will likely set a precedent for how retail pharmacies approach their responsibilities in dispensing controlled substances.