Posted on 12/23/2020 9:31:54 AM PST by ransomnote
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.
Agree with Walmart on this. How can they question prescriptions? That gets very personal.
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The pharmacists job is to report suspicious scripts to the DEA. That’s not too much to ask. Obviously, the primary culprits are crooked doctors who write the illegal scripts. Observant pharmacists can identify the abusers and crooked doctors by the shear number of similar scripts that are presented for filling. Abusers are not without blame, either.
[[FYI after the third day going thru withdrawls of opiates, it is not too bad and is easy to complete the process, generally 5 days is enough to clean out.]]
It’s much easier if you taper down first- and htere is a difference between drug addiction and drug dependency-
The Difference Between Drug Addiction and Dependence The main difference between dependence and addiction and most simple way to differentiate between the two is that dependence is when a drug is required to and allows someone to maintain normal functioning, whereas, conversely, addiction actually interferes with an individual’s normal functioning.
https://clearskyibogaine.com/drug-dependence-vs-drug-addiction/
[[“The misuse of prescription painkillers is a public health crisis,”]]
Almost all of hte deaths from prescription opioids were because folks who were addicts to begin with mixed them with alcohol AND/OR other street drugs
Addiction to prescription opioids is very low- less than 2% when folks take the drugs as prescribed (and the vast majority of people do take them as prescribed and have no issues with addiction or withdrawal, it’s only the addicts who con their doctors into giving them the drugs that are the problem-not the vast majority of legit pain relief seeking patients), and deaths by opioid prescriptions was just as low when taken as prescribed-
but none of these facts matter to the get rich quick lawyers who have deemed prescription opioids as Satan incarnate-
Yes, there are anecdotal cases where people took the drugs as prescribed, at first, but then decided they wanted more and more- and became hooked- however- the vast majority don’t become hooked, and it’s those folks that have to suffer for the few that do because the FDA has waged a war on them-
It would be fantastic IF there were a non opioid pain reliever that worked as well as opioids- and Trump said they were working on such a drug, but so far there isn’t any- and the war on prescription opioids will make a great many people in need suffer needlessly
that’s exactly what it’s like- well put
Is Al Sharpton the lead prosecutor for the government on this?
“Let’s see. Who shall we sue today? Who has REALLY deep pockets? Eureka! Walmart!”
Dianna of the Hunt, you have identified the golden apples precisely.
Did they study the Michael Avenatti-Nike case to understand how to set this up?
I didn’t have the option to “taper down”, as soon as the drug started wearing off, I literally went into shock, in the hospital, they gave me barbiturates to take the edge and get thru withdrawls. funny thing is I could function perfectly because I wasn’t getting High, I was surviving
This makes me boiling mad! There’s very little of a “prescription opioid crisis”, other than the theft of patients medication by lowlife “friends” or relatives. The real opioid crisis is in the illegal distribution and production of opioids, which the government can’t or WON’T stop. Instead, they go after patients and make unrealistic guidelines for doctors, then threaten them with revoking their licenses if they color outside the lines. I’ve spoken to several doctors about this, and they all agree that the government is threatening them, trying their hands, and keeping them from using there own clinical judgment in the treatment of pain. Too bad POTUS, who apparently has no experience with pain or pain medicine, has once again, been given erroneous advice from crooked political operatives. For his next term, he should appoint his OWN cronies that he KNOWS are trustworthy, because so far, with few exceptions, he has taken bad advice over and over again, on whom he can trust, and who to appoint. If the whole Washington cesspool became a giant sink hole tomorrow, it wouldn’t be too soon.
And if the government wins, where does all of that money go? Sounds like a shake down.
“Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act Violations...”
Meanwhile, the election is stolen without a whimper from the Department of Jagoffs.
Actually the President is responding to the epic rise in opioid overdoses which he hinted, was almost like war.
Our enemies in China are flooding America with street drugs tainted with fentanyl in order to conduct war on us without the formal declarations and bullets that ordinarily accompany traditional combat.
“The pharmacists job is to report suspicious scripts to the DEA. That’s not too much to ask.”
You think somebody down the road, if not already, are going to claim Walmart doing this has a disparate impact on certain neighborhoods and/or individuals?
yeah your case sounded severe, some folks like yourself- truly need them just to get through a day- in your case, just to survive even- but again- even when folks take large amounts, as prescribed, the addiction level is less than 2%- it’ when folks take them illegally, more than prescribed, that the problems happen for the majority of folks- some folks though are susceptible to drug addiction easily- nut most just become drug dependent, and can, with effort, get off them without too much problem- it’s when the addiction happens that the problem happens
[[The real opioid crisis is in the illegal distribution and production of opioids, which the government can’t or WON’T stop.]]
It’s too hard for them to stop the illegal trade- so what do they do? Target the easy targets- legal prescriptions. Much easier to bully law abiding citizens than to go after criminals- just like the gov bullied smokers- easy targets-
I’m surprised so many are unaware of President Trump’s prior efforts to stem foreign attacks on our country through intentionally flooding the country with opioids. It’s war - they are killing Americans by any means necessary and opioids are one method.
Normal drug dealers cut/dilute their products. Massive shipments of fentanyl, one I recall in particular large enough to kill millions of Americans (seized on the waterfront on the Canadian side of our borders), are being quietly infiltrated into the existing drug trade. Drug users immediately overdose on drugs they buy which are far more potent then expected.
The DOJ tried to sue Fedex for not monitoring shipments of prescription drugs from Doctors who allegedly overprescribed pain killers. Fedex would had to have literally opened every package and inspected the contents of all packages in the U.S. and kept records of who shipped what. Nothing in the law made Fedex responsible for the contents of shipments and certainly no law required them to monitor who shipped what items. Fedex hung tough and insistend on going to trial, at which point the DOJ backed down.
On the other hand, I’ve seen many successful prosecutions of opioid crimes in the DOJ’s website for 2 years now which have taken down substantial opioid distributors responsible for countless deaths.
Opioid epidemics was triggered by government.
In the standard, government imposed patient evaluations, the hospitals were rated on the pain control. The opioids are pretty much the only thing which controls pain perfectly, so the doctors were forced to prescribe opioids. It kind of snowballed from there!
Addictive features of opioids are known for centuries, and MD’s are not idiots (mostly). Purdue Pharma manufactured and sold legal, government approved and recommended medicine.
So did Walmart and everybody else.
But Government is now trying to find somebody else to blame. They are able to prosecute anybody (e.g. Gen Flynn), so they are going for it.
They did not do zilch for years.
Medicines are highly regulated, they could stop the drug spread a long time ago by issuing regulations and warnings!
Now they are trying to cover themselves by blaming the industry.
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