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BumRushDaShow

(128,436 posts)
Wed Aug 17, 2022, 04:40 PM Aug 2022

CVS, Walgreens and Walmart Must Pay $650.5 Million in Ohio Opioids Case

Source: New York Times

A federal judge on Wednesday ordered three of the nation’s largest pharmacy chains — CVS, Walgreens and Walmart — to pay $650.5 million to two Ohio counties, ruling that the companies must be held accountable for their part in fueling the opioid epidemic. The decision is a companion piece to a November jury verdict that found the companies had continued to dispense mass quantities of prescription painkillers over the years while ignoring flagrant signs that the pills were being abused.

The ruling is the first by a federal judge that assigns a firm money figure against the pharmacy chains for their roles in the opioid crisis. Here, the judge, Dan A. Polster of United States District Court in northern Ohio, who has overseen more than 3,000 cases in the opioid litigation, ruled that the pharmacies bore responsibility for one-third of the amount that the counties need to address the continuing damage wrought by the epidemic.

Drug manufacturers and drug distributors, two other groups in the pharmaceutical chain that have been sued, also bear responsibility, he said. Mark Lanier, the Texas lawyer who led the plaintiffs’ trial team, said of the pharmacy chains: “These companies are rending the fabric of society apart. They should not only show remorse, they should show they need to rectify what they’ve done. And they won’t do it. So the judge is doing it.”

Representatives for CVS and Walgreens expressed their disappointment in Judge Polster’s ruling. Fraser Engerman, a spokesman for Walgreens, described the judge’s analysis as flawed, and said the company would appeal. “We never manufactured or marketed opioids nor did we distribute them to the ‘pill mills’ and internet pharmacies that fueled this crisis,” he said. Michael DeAngelis, a CVS spokesman, also said the company would appeal, adding, “Pharmacists fill legal prescriptions written by D.E.A.-licensed doctors who prescribe legal, F.D.A.-approved substances to treat actual patients in need.” Walmart did not respond to a request for comment.

Read more: https://www.nytimes.com/2022/08/17/health/opioids-cvs-walmart-walgreens.html



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CVS, Walgreens and Walmart Must Pay $650.5 Million in Ohio Opioids Case (Original Post) BumRushDaShow Aug 2022 OP
I really wish Quanto Magnus Aug 2022 #1
Interesting they have no problem denying women Phoenix61 Aug 2022 #2
I'm trying to understand how filling legal prescriptions fuels abuse. keopeli Aug 2022 #3
I think in a number of these cases BumRushDaShow Aug 2022 #9
Thank you for your thoughtful reply! keopeli Aug 2022 #13
I agree with what you wrote BumRushDaShow Aug 2022 #15
I don't see how the pharmacies are responsible. Elessar Zappa Aug 2022 #4
+1 Slammer Aug 2022 #12
If I recall moniss Aug 2022 #5
Anyone who agrees with this verdict Ms. Toad Aug 2022 #6
Well, Novara Aug 2022 #7
Supreme Court ruling recently REDUCED *doctor* liability for pill mills lostnfound Aug 2022 #8
I don't get this for aforementioned reasons either Lokilooney Aug 2022 #10
How many of the companies executives that made the policy decisions are going to prison? Chainfire Aug 2022 #11
Everyone in the supply chain bears responsibility. truthisfreedom Aug 2022 #14
I absolutely HATE these chain pharmacies MissMillie Aug 2022 #16

Quanto Magnus

(891 posts)
1. I really wish
Wed Aug 17, 2022, 04:43 PM
Aug 2022

there were smaller pharmacies again...

This big corps are in it so much for the $$ they don't care who they hurt.

keopeli

(3,490 posts)
3. I'm trying to understand how filling legal prescriptions fuels abuse.
Wed Aug 17, 2022, 04:49 PM
Aug 2022

I for one would be angry if a major pharmacy would not fill a legal prescription my doctor wrote. Pharmacists are not doctors. Unless there is evidence of malfeasance, I just don't get it.

BumRushDaShow

(128,436 posts)
9. I think in a number of these cases
Wed Aug 17, 2022, 06:23 PM
Aug 2022

the prescribing doctors were being lobbied and given perks to prescribe inappropriately, and in some cases, doing fraudulent scripts. I expect that as the epidemic got worse, public health officials were seeing where the highest concentration of ODs were happening and then were able to trace it back to certain pharmacy chain stores that may have been in small towns but had a huge number of prescriptions for those classes of drugs.

One of the ways, as I found out regarding a PC doc I had awhile ago, is that, for example, they might consult with a few home health orgs and/or aides who took care of vets and since those vets often have chronic health issues (including a need for pain management), scripts in excess of what they might have needed (or that were not even needed at all) were written for those patients and were filled immediately at those pharmacies, without any verification call to the doctor. Meanwhile, those "caretakers" were picking up the pills at those "designated" pharmacies "on behalf of the patients under their care", and then sold them on the black market.

I know although I don't use any of those named pharmacies for my scripts, the one I do use (Riteaid) has always contacted my doctor before filling anything (and none of it were/are opioids), whether the script was provided via a piece of paper or electronically.

So they may be making these chains liable for some inconsistent enforcement of policies dealing with physician verification across all of their franchised stores.

One of my sisters has had RA for over 20 years and she has been on various infusions and is on opiods as well, and has to go through a very convoluted process with her Rheumatologist and Pain Management doctor to get her scripts written and filled, because the state of PA also tracks this. And if you have some pharmacies filling without doing tracking for some of it, then right there, you have another problem.

keopeli

(3,490 posts)
13. Thank you for your thoughtful reply!
Sat Aug 20, 2022, 11:16 PM
Aug 2022

You have certainly made a case for how a pharmacy might be liable. I have personal experience with pain management medication because of a chronic condition. I have used these pharmacies for a very long time to fill prescriptions for opioids. In my experience, there was always adequate verification due to the drug being listed on Schedule 3. Since the opioid crisis, they have re-classified narcotics on Schedule 2, making the process much more expensive, time-intensive, and laborious. Personally, while I am grateful these drugs are available for those who need them, patients are now subjected to a very intrusive and burdensome oversight process. The medical culture has shifted to such a degree that legitimate patients are often vilified and even humiliated, even if their need is totally appropriate and their use is monitored heavily. In fact, I know of several people personally who have been in severe pain in the late stages of cancer but were denied any pain medication and offered only Tylenol until their final week of life.

I understand the abuse that took place and the responsibility of certain parties (like the Sackler family and pill-mill doctors). Unfortunately, the politics of the issue has now created a heavy burden on legitimate patients and even denies care to people suffering. While I empathize with those who were victims of bad doctors and greedy companies, I bemoan the plight of those who now must suffer needlessly or be burdened, demonized, and victimized because of what I feel was an over-correction to the problem.

Finally, my original question about the liability of the pharmacies is a reflection of my concern that punitive measures like the judgment levied in the article are likely to cause more legitimate patients to suffer needlessly because pharmacies and doctors will be more likely to deny treatment with an effective drug to patients in need because they fear being sued, and rightfully so! I hope that judgments against providers are based on serious breeches like the one you described, the real shortcoming in our exchange is that the article does not provide enough detail to clarify the reasoning behind the decision. Omissions like this are part of what creates the culture of fear that seems to have gripped many medical professionals in recent years. Context is everything.

Again, thank you for helping me see a plausible rationale for the liability of the pharmacies listed in the article and understand the complexities of the opioid crisis and its aftermath better!

Blessings to you from New Mexico!

BumRushDaShow

(128,436 posts)
15. I agree with what you wrote
Sun Aug 21, 2022, 05:29 AM
Aug 2022

and I think the reality is that there are probably a tiny number of franchise stores and employees who work for them, who are engaged in the majority of this type of churn, and it usually leads back to doctors who are participants in schemes that in the end, impact legitimate patients in need of pain management.

Almost 20 years ago, some might recall this -

LIMBAUGH'S NAME SURFACES IN DRUG PROBE

By Jon Burstein and South Florida Sun-Sentinel
Orlando Sentinel •Oct 03, 2003 at 12:00 am


Allegations that conservative talk-show host Rush Limbaugh illegally purchased addictive prescription drugs have surfaced in a Palm Beach County investigation into trafficking of the painkillers, according to sources close to the inquiry. Limbaugh's former housekeeper at his Palm Beach mansion and her handyman husband have told authorities that they supplied Limbaugh with OxyContin and other addictive prescription drugs from 1998 to 2002, the sources said.

Those sources confirmed media reports that Wilma and David Cline turned over e-mails as well as taped phone messages documenting Limbaugh's suspected drug habit. The sources said the Clines told the Palm Beach County State Attorney's Office that Limbaugh bought the pills for his personal use. There's no arrest pending based on what the Clines told prosecutors, according to the sources.

(snip)

Assistant State Attorney James Martz, who is assigned to a task force investigating prescription-drug trafficking, said he couldn't discuss whether Limbaugh's name has come to authorities' attention. The investigation into the distribution of prescription painkillers already has led to the March arrest of suspended pharmacist Louis Beshara. Beshara, 60, faces charges he sold 2,000 pills of the narcotic painkiller hydrocodone to a confidential informant and was caught with another 4,000 hydrocodone pills.

Sources said there are ties that appear to connect the Clines with the Beshara investigation. Local defense attorneys said that even if everything the Clines said is true, it doesn't mean prosecutors have a case against Limbaugh because he was not caught with any illegal drugs in his possession.

https://www.orlandosentinel.com/news/os-xpm-2003-10-03-0310030313-story.html


In Limbaugh's case, he supposedly had RA that manifested in joint degradation of the bones in his ears, leading to his having cochlear implants as he was essentially deaf in one ear and almost there in the other. But I think the above story shows the different parties involved in what amounts to trafficking, with pharmaceutical companies excessively promoting the products to physicians and a tiny fraction of those doctors (not all) becoming engaged in kick-back arrangements with the pharma companies and a tiny fraction of some (not all) pharmacists part of that.

A parallel issue occurred with pseudoephedrine (and other ephedrines) that were once in OTC products like cold medicines and inhalers which were used to manufacture meth. Eventually what was an incredibly effective ingredient in these products, was restricted, and products containing them were moved to "behind the counter", with strict tracking and control, and a variant active ingredient was substituted for use in the OTC version.

Elessar Zappa

(13,906 posts)
4. I don't see how the pharmacies are responsible.
Wed Aug 17, 2022, 04:54 PM
Aug 2022

They fill legal prescriptions written by licensed providers. I don’t want the pharmacists to deny prescriptions just because they don’t agree with the doctor.

Slammer

(714 posts)
12. +1
Thu Aug 18, 2022, 04:00 AM
Aug 2022

A pharmacist has no clue about what my personal medical history is,

no clue as to the struggles I've gone through with my doctor in order to get him to write the prescriptions which relieve a small part of my pain

and no clue how much that doctor has had to wrestle with federal government oversight over the drugs I've been prescribed to convince them that the medicines are medically-necessary.

I have zero desire for my pharmacist to stick his nose in and refuse to fill prescriptions based on his total lack of context to what's going on...other than that he knows that his corporate overseers are pressuring him to not fill prescriptions.

moniss

(4,166 posts)
5. If I recall
Wed Aug 17, 2022, 05:42 PM
Aug 2022

this situation correctly the pharmacies have a duty to report "suspect" prescribing activity by doctors. When you have a doctor that seems to write tons of prescriptions for Oxy and little else it shouldn't be too much of a mental step to find that as "suspect" activity. Additionally the big chains know very well how much of which drug they are moving because they track this info forecasting financial results etc. and internal management for ordering etc. Handing out pills almost by the pound to anybody who walked/called into the "pain" clinic for a prescription went on for many years despite anybody with a brain knowing exactly what was going on with the massive explosion of "pain" clinics around the country and on-line "clinics".

Ms. Toad

(33,992 posts)
6. Anyone who agrees with this verdict
Wed Aug 17, 2022, 05:47 PM
Aug 2022

Should think about the implications for access to medications.

Pharmacies were filling prescriptions written by doctors who assessed whether the particular patient needed pain medication. They are not decision makers. It is not their role to evaluate whether the doctor made a medically appropriate decision.

Just like birth control pills. Just like the morning after pill.

Do we really want pharmacies evaluating whether they will be hit with a multi-million dollar damage award for filling prescriptios the doctors involved deemed medically necessary? Especially now that there are attempts to make some of those prescriptions illegal?

Novara

(5,821 posts)
7. Well,
Wed Aug 17, 2022, 06:02 PM
Aug 2022
Representatives for CVS and Walgreens expressed their disappointment in Judge Polster’s ruling.


But no remorse for the people who got hooked, for the families that were devastated, and for those who died.


“Pharmacists fill legal prescriptions written by D.E.A.-licensed doctors who prescribe legal, F.D.A.-approved substances to treat actual patients in need.”



Remember that when a woman comes in with a 'scrip for Plan B, won't you?

Lokilooney

(322 posts)
10. I don't get this for aforementioned reasons either
Wed Aug 17, 2022, 07:34 PM
Aug 2022

Perhaps it's just greed, there is a LOT of money to be made suing everyone under the sun. Perhaps next they can sue the electrical company's, after all they supplied these pharmacy's power allowing them to operate...

Chainfire

(17,466 posts)
11. How many of the companies executives that made the policy decisions are going to prison?
Wed Aug 17, 2022, 07:54 PM
Aug 2022

The money that they have to pay is just the cost of doing business. This stuff will continue to happen until CEOs are wearing numbers on they jump suits.

truthisfreedom

(23,138 posts)
14. Everyone in the supply chain bears responsibility.
Sun Aug 21, 2022, 01:36 AM
Aug 2022

They should have gone to the fbi as soon as they saw sales exploding. Everyone.

MissMillie

(38,529 posts)
16. I absolutely HATE these chain pharmacies
Sun Aug 21, 2022, 08:37 AM
Aug 2022

When I say HATE....

My guy has meds that he takes on a regular basis. CVS is always trying to put him on automatic refill, which we don't like because they'll fill something when we don't necessarily have the funds to pick it up.

Try and correct it? It takes more than 10 minutes before you can get someone on the phone.

Go to pick it up? Wait 15 minutes in line--either in the store or in the drive-thru.

I used to wonder what it is they're doing all day if no one is answering the phone, the counter and the drive-thru aren't staffed properly, and no matter how many times you ask them to take you off auto-refill, their records are NEVER straight. (Customer service SUCKS.)

I don't wonder anymore, and I should have figured it out sooner.

About a year ago, one of the networks did a story on opioids and these big chain pharmacies. The program mentioned the CVS store we use SPECIFICALLY. On national news. And this isn't exactly a big city store we're talking about. The city probably has a population of < 25K.

The place was too busy pushing pills and collecting the insurance for them.

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