DOJ Files Complaint Against CVS Alleging Pharmacy Filled Unlawful

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‘We will defend ourselves vigorously against this misguided federal lawsuit,’ a CVS spokesperson said.

The Department of Justice (DOJ) unsealed a civil complaint on Dec. 18 alleging that CVS Pharmacy Inc. and various subsidiaries helped contribute to the opioid crisis by knowingly filling unlawful prescriptions in violation of the federal Controlled Substances Act while also seeking reimbursement from federal health care programs.

In the complaint, filed in federal court in Providence, Rhode Island, the DOJ alleged that the prescriptions filled by the company lacked a legitimate medical purpose, were not valid, or were not issued in the “usual course of professional practice.”

According to the DOJ, CVS filled unlawful prescriptions, including those for “dangerous and excessive” quantities of opioids, early refills of opioids, and trinity prescriptions, described by the department as “an especially dangerous and abused combination of drugs consisting of an opioid, a benzodiazepine, and a muscle relaxant.”

CVS, the largest pharmacy chain in the United States with more than 9,000 pharmacies, also allegedly filled large quantities of prescriptions for controlled substances written by prescribers that it knew were engaged in “pill mill practices,” or dispensing large quantities of opioids without legitimate medical reason, the DOJ stated.

According to the DOJ, CVS “ignored substantial evidence from multiple sources,” including its pharmacists as well as internal data suggesting that its stores were dispensing illegal prescriptions.

The alleged violations were driven by company-mandated performance metrics, compensation incentives, and staffing policies that “prioritized corporate profits over patient safety,” the DOJ stated.

According to the DOJ, the pharmaceutical giant kept staffing levels at its stores too low for pharmacists to both meet their performance metrics and comply with their legal obligations.

CVS also allegedly deprived its pharmacists of crucial information that would have drastically reduced the number of unlawful prescriptions filled, the DOJ stated.

Some individuals died of overdoses shortly after the illegal prescriptions were filled, according to the DOJ.

The DOJ stated that CVS sought reimbursement from federal health care programs for unlawful prescriptions, which the department stated violated the False Claims Act.

“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,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement. “The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”

If found liable, CVS may face civil penalties for each unlawful prescription filled and treble damages for each prescription reimbursed by federal health care programs in violation of the False Claims Act.

A CVS spokesperson said in a statement that the company has cooperated with investigators.

“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,” said Amy Thibault, external communications director for CVS.

Thibault said the prescriptions subject to the lawsuit were for a Food and Drug Administration-approved opioid medication prescribed by a practitioner licensed by the government to write controlled-substance prescriptions.

File photograph shows opioid painkiller Oxycodone delivered on medical prescription, on Sept. 18, 2019. (Eric Baradata/AFP via Getty Images) — File photograph shows opioid painkiller Oxycodone delivered on medical prescription, on Sept. 18, 2019. Eric Baradata/AFP via Getty Images

According to recent data from the Centers for Disease Control and Prevention, opioids were linked to the deaths of an estimated 84,181 people in 2022 and 81,083 individuals in 2023.

The Epoch Times has contacted CVS for further comment.

The Associated Press and Reuters contributed to this report.