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Justice Department sues CVS for alleged illegal opioid prescription practices

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U.S. Attorney Zachary A. Cunha | U.S. Department of Justice

In a significant legal development, the Justice Department has filed a civil complaint against CVS Pharmacy, Inc., and its subsidiaries. The lawsuit, unsealed in federal court in Providence, Rhode Island, accuses CVS of violating the Controlled Substances Act (CSA) and the False Claims Act (FCA) by dispensing unlawful prescriptions and seeking reimbursements from federal healthcare programs.

The government alleges that since October 17, 2013, CVS knowingly filled prescriptions for controlled substances without legitimate medical purposes. These included excessive quantities of opioids and "trinity" prescriptions—a dangerous combination of an opioid, benzodiazepine, and muscle relaxant. Furthermore, CVS is accused of ignoring evidence from pharmacists and internal data about unlawful prescriptions being dispensed.

According to the complaint, these violations were driven by corporate policies prioritizing profits over patient safety. U.S. Attorney Zachary A. Cunha stated: “This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids.”

Principal Deputy Assistant Attorney General Brian M. Boynton emphasized: “Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful.” If found liable, CVS could face penalties under both CSA and FCA.

Jessica D. Aber from the Eastern District of Virginia remarked on the importance of upholding laws concerning opioid distribution: “We will pursue whatever legal action is necessary to stop any enterprise...that places profit over the safety of our citizens.”

DEA Administrator Anne Milgram criticized CVS's actions: “Simply put, they put profits over their obligation to keep their customers safe.”

The case originated from a whistleblower action filed by former CVS employee Hillary Estright under the FCA’s qui tam provisions. The United States intervened in this matter as part of its commitment to combating healthcare fraud.

Various U.S. Attorneys’ Offices are involved in litigating this enforcement action alongside other governmental agencies such as DEA’s Office of Diversion Control and HHS-OIG.

No determination of liability has been made against the defendants yet.

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