Public Affairs Office | Justice Department files nationwide lawsuit alleging Walgreens knowingly filled millions of prescriptions that had no legitimate medical purpose

In a civil complaint filed yesterday in the U.S. District Court for the Northern District of Illinois, the Department of Justice alleges that Walgreens Boots Alliance, Walgreen Co. and various subsidiaries (collectively, Walgreens) dispensed millions of illegal prescriptions in violation of the Controlled Substances Act. (CSA) and subsequently sought reimbursement for many of these prescriptions from various federal health care programs, in violation of the False Claims Act (FCA). Walgreens is one of the nation’s largest drugstore chains, with more than 8,000 pharmacies in the United States.

“This lawsuit seeks to hold Walgreens accountable for the many years it failed to fulfill its obligations to distribute dangerous opioids and other drugs,” said Principal Assistant Attorney General Brian M. Boynton, Chief of the Civil Division of the Department of Justice. “Our complaint alleges that Walgreens pharmacists filled millions of prescriptions for controlled substances with clear red flags that the prescriptions were most likely illegal, and that Walgreens systematically pressured its pharmacists to fill prescriptions, including prescriptions for controlled substances, without taking the necessary time to confirm their validity. These practices have allowed millions of opioid pills and other controlled substances to leave stores illegally. Walgreens.

The government’s complaint alleges that, from approximately August 2012 until the present, Walgreens knowingly filled millions of prescriptions for controlled substances that had no legitimate medical purpose, were invalid and/or n had not been issued in the usual context of professional practice. Among the millions of illegal prescriptions Walgreens allegedly filled were prescriptions for dangerous and excessive amounts of opioids, prescriptions for early opioid refills, and prescriptions for a particularly dangerous and abused combination of drugs known as “trinity”, which is composed of an opioid, a benzodiazepine and a muscle relaxant.

The complaint alleges that Walgreens pharmacists filled these prescriptions despite clear “red flags” that the prescriptions were most likely illegal. Walgreens allegedly ignored substantial evidence from multiple sources that its stores were dispensing illegal prescriptions, including evidence from its own pharmacists and internal data.

The complaint further alleges that Walgreens systematically pressured its pharmacists to fill prescriptions promptly without taking the necessary time to confirm the validity of each prescription. Walgreens also allegedly deprived its pharmacists of crucial information, including preventing them from warning each other about certain prescribers.

The complaint alleges that by knowingly filling illegal prescriptions for controlled substances, Walgreens violated the CSA and, when Walgreens sought reimbursement from federal health care programs, also violated the FCA. The complaint alleges that Walgreens’ actions helped fuel the prescription opioid crisis and that, in some particularly tragic cases, patients died after opioid overdoses shortly after filling illegal prescriptions at Walgreens. If Walgreens is found liable, it could face civil penalties of up to $80,850 for each illegal prescription filled in violation of the CSA and treble damages and applicable penalties for each prescription paid for by federal programs in violation of the FCA. The court may also grant an injunction to prevent Walgreens from committing further violations of the CSA.

“As the complaint alleges, Walgreens continually disregarded its obligations under the Controlled Substances Act and the False Claims Act by illegally distributing potent controlled substances and illegally seeking reimbursement from federal health care programs ” said Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois. . “These laws are critically important to protecting our communities from the dangers of the opioid epidemic. Our office will continue to work with our law enforcement partners to ensure that opioids are properly distributed and that taxpayer funds are only spent on legitimate pharmaceutical claims.

“The damage caused by the opioid crisis continues to reverberate in the Middle District of Florida and across the country,” said United States Attorney Roger B. Handberg for the Middle District of Florida. “The filing of this civil complaint is a major step in our ongoing efforts to confront those responsible for the harm they have caused to our communities.

“Pharmacies play a crucial role in ensuring that only legal prescriptions for controlled substances are dispensed – Walgreens has failed to do this,” said U.S. Attorney Erek Barron for the District of Maryland. “We are committed to holding Walgreens accountable for its role in the opioid epidemic that has devastated communities across the country, including in Maryland. »

“This country is in the midst of a serious opioid epidemic, and New York is no exception,” said Acting U.S. Attorney Carolyn Pokorny for the Eastern District of New York. “Walgreens, which operates one of the largest drugstore chains in the United States, including nearly 300 pharmacies in the Eastern District of New York during the relevant period, has repeatedly ignored its obligations to ensure that these medicines do not fall into the wrong hands. My office will continue to work with others at the Department of Justice to combat the opioid crisis by holding pharmacies that fill illegal prescriptions accountable.

“Today’s announcement demonstrates that we are redoubling our commitment to combating the opioid crisis and upholding corporate accountability,” said First Assistant United States Attorney Maya D. Song. the Eastern District of Virginia. “We will continue to work with our colleagues across the country to address these issues and deter pharmacies from failing in their duty to ensure these powerful medicines are only provided to those with a genuine medical need.” »

“Walgreens and its pharmacists have an obligation to ensure that every prescription they fill is legitimate and responsibly dispensed. As this lawsuit alleges, Walgreens failed in this duty and repeatedly ignored red flags that warned of questionable prescribing practices,” said DEA Principal Deputy Administrator George Papadopoulos. “Walgreens put the public at risk by ignoring its responsibility. The DEA will continue to pursue any person or company that chooses profit over patient safety and we will hold them accountable.

“Millions of Americans enrolled in Medicare, Medicaid and other public health programs rely on pharmacies to responsibly dispense their medications. When pharmacies ignore federal laws and put profits ahead of patients, they endanger the health of Americans and jeopardize taxpayer dollars,” said Deputy Inspector General Christian J. Schrank of the Office of Inspector General of the Department of Health and Human Services (HHS-OIG). “HHS-OIG continues to diligently pursue entities engaged in illegal conduct that abuses the public’s trust in health care. »

Four different whistleblowers who previously worked for Walgreens in various parts of the country filed complaints under the law. qui tam provisions of the FCA. These provisions authorize private parties to sue on behalf of the United States for false claims and to participate in any recovery. The law allows the United States to step in and take over such prosecutions, as it did here. The four cases have been grouped together and are captioned United States ex rel. Novak v. Walgreens Boots Alliance Inc. No. 18 C 5452 (NDIL).

The United States’ intervention in this matter underscores the government’s commitment to combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from any source regarding potential fraud, waste, abuse, and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

The United States is represented in this matter by Deputy Director Amy DeLine, Senior Litigation Attorney Donald Lorenzen, and Trial Attorney Nicole Frazer of the Consumer Protection Branch of the Justice Department’s Civil Division, as well as Deputy Director Natalie Waites and Trial Attorney Joshua Barron of the Civil Division’s Commercial Litigation Branch. , Fraud Section, along with Assistant U.S. Attorney Valerie R. Raedy for the Northern District of Illinois, Chief of the Civil Division Randy Harwell and Assistant U.S. Attorney Carolyn Tapie for the Middle District of Florida, Chief of the Civil Division Thomas Corcoran for the District of Maryland, Assistant United States Attorney Elliot M. Schachner for the Eastern District of New York, and Assistant United States Attorney Clare Wuerker for the Eastern District of Virginia.

U.S. Attorneys’ Offices for the District of Colorado and Southern District of California, DEA, HHS-OIG, Defense Criminal Investigative Service, Defense Health Agency (DHA), Office of Personnel Management (OPM), Department of Labor (DOL) The Office of The Inspector General and the FBI Chicago Field Office provided substantial assistance in the investigation.

The Department of Justice is committed to holding accountable those who fueled the opioid crisis by violating the law. In March 2023, the Associate Attorney General announced the creation of the Opioid Epidemic Civil Litigation Task Force, which formalizes and improves coordination of the Department’s existing work and will consider new initiatives. Due to the scale and duration of the crisis, the task force includes the U.S. Attorneys’ Offices, the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, the Fraud Section, the DEA and other components of the department. The task force leads the department’s civil litigation efforts involving actors suspected of contributing to the opioid epidemic, including the diversion of prescription opioids.

The claims made against Defendants are only allegations and no liability has been determined.

Additional information about the Consumer Protection Branch and its enforcement efforts is available at www.justice.gov/civil/consumer-protection-branch.

Additional information about the Civil Division’s Anti-Fraud Section and its enforcement efforts is available at www.justice.gov/civil/fraud-section.

For more information about the U.S. Attorneys’ Offices, visit:

For more information about the federal agencies involved in this investigation and their work to combat the opioid crisis and federal health care fraud, visit:

View the complaint here.