The United States seeks civil penalties under the CSA, as well as treble damages and penalties under the FCA. Jul 5, 2021. By Mihir Zaveri. Here are 5 recent legal cases pharmacists should know. "We have a well-defined process in place for employees to request and be granted a reasonable accommodation due to their religious beliefs, which in some cases can be an exemption from performing certain job functions. Despite these warning signs, the complaint alleges, Dembo continuously dispensed prescriptions she knew or should have known had no medical purpose. A Minnesota jury ruled Friday that a pharmacist who refused to fill a prescription for a morning-after pill because of his "beliefs" did not violate a woman's civil rights under state law but inflicted emotional harm and said she should be entitled to $25,000 in damages. In the Virginia complaint, filed last September, the plaintiff, Paige Casey, was represented by the conservative nonprofit legal organization Alliance Defending Freedom. Chat with an employment attorney:(412) 626-5626orlawyer@lawkm.com. Their lives may depend on it.. An employment lawyer knows whether or not your situation would benefit from filing a lawsuit. Dembo repeatedly filled prescriptions while disregarding ample warning signs of diversion, or "red flags," indicating the prescriptions were not legitimate. A CVS Pharmacy sign stands in Mount Lebanon, Pa., on Monday May 3, 2021. "CVS's new policy is to deny all such religious accommodations without considering the particular circumstances of the employee requesting the accommodation, including to determine whether that employee could be accommodated without undue hardship," the lawsuit states. Secure .gov websites use HTTPSA lock ( Postal Service can continue to deliver abortion medication by mail, even in states that have passed restrictions since Roe's reversal. Have a question about Government Services? The federal trial court dismissed his suit because the matter was not "ripe" (ie, the hearing had not yet occurred). The Pharmacy Solutions owner made the comments when the women requested schedule changes so they could visit their doctors. The hearing was held by the board, and the pharmacist did not attend to participate. Consumers who took the prescription drug for birth control said they experienced blood clots. The unlicensed employee worked at multiple Walgreens pharmacies in California, prosecutors said. HUNTSVILLE, Ala. ( WHNT) - Huntsville City Council on Thursday authorized the city to join the list of local governments that will participate in an opioid lawsuit against three retail pharmacy . The complaint alleges Dembo knew Dean was having intimate relationships with at least one of the women for whom he was prescribing controlled substances, but nonetheless continued to dispense Deans controlled substance prescriptions to her and others. Be sure to have the report in writing for your own personal files. Immediately, her supervisors behavior toward her changed as he began to harass her. Once he received the final order from the board, he filed a new lawsuit in federal court, citing what were, in his view, a substantial number of legal violations by the board. Lock Instead, the pharmacist would be required to either contact the patient's physician him/herself or instruct the patient to go back and see the physician again. A locked padlock The pharmacy claimed that they never received the stop order. The lawsuit alleged the pharmacist improperly reviewed the For the majority of Strader's tenure there, she says CVS granted her a religious accommodation that allowed her to personally reject patients' requests for those prescriptions and instead refer them to a colleague or a different MinuteClinic. Dr. Fink is a professor of pharmacy law and policy and the Kentucky Pharmacists Association Endowed Professor of Leadership at the University of Kentucky College of Pharmacy, Lexington. Below are 18 legal actions involving members of the drug supply chain, including pharmacists, drugmakers, payers and others, reported by Becker's Hospital Review in the last two months: Copyright © 2023 Becker's Healthcare. In addition, the court found copious amounts of colored highlighting and other forms of emphasis, the meaning of which the court was unable to discern. It is a prescription drug that prevents a woman from becoming pregnant when it is taken within five days of unprotected sex, according to the manufacturer. I love God. The board held the pharmacist liable and revoked his license, a district court affirmed the boards decision, and the pharmacist appealed. Although CVS and Walgreens drugstores will not be able to sell mifepristone in states where abortion is banned, the FDA ruling is expected to expand access to a drug that previously was limited to smaller mail-order pharmacies. "As we continue to battle a national health emergency involving opioid abuse, we rely heavily upon pharmacists to do their part in ensuring prescriptions for controlled substances are filled and dispensed for legitimate medical purposes," said Inez Davis, Diversion Program Manager of the Drug Enforcement Administration St. Louis Division. The authorities discovered that Ms. That includes respecting every human being.. Many lawsuits against pharmacies settled in silence. National class action lawsuits have been filed against three of the nations largest pharmacy chains for discriminating against pain patients trying to fill legitimate prescriptions for opioid medication. The profession of pharmacy fills open positions with more diverse applicants than any other industry. The pharmacist argued that Rite Aid violated the Americans with Disabilities Act and New York State Human Rights Law. The complaint seeks civil penalties and civil damages, which could total in the millions of dollars, as well as injunctive relief. For an optimal experience visit our site on another browser. last month. The policy was adopted after CVS was fined hundreds of millions of dollars for violations of the Controlled Substances Act. FDA Advisory Committee Supports Vaccine Candidate for Severe RSV in Older Adults, Independent Rx Forum - Preparing for DIR Fee Changes, Hypertensive Disorders in Pregnancy May Increase Long-Term Risk of Cardiovascular Events, Pharmacy Focus - Alternative Career Paths in PBMs, FDA Approves Sarilumab for Adults With Polymyalgia Rheumatica, Long-Acting ART Suppresses HIV in Individuals Without Virological Suppression. 215-861-8300. necessary treatment. Other big pharmacy chains have similar policies. The jury was not deciding what the law is, they were deciding the facts of what happened here in this particular case. Walgreens adopted a secret checklist in 2013 that required its pharmacies to watch for red flags such as patients paying for opioid prescriptions in cash, seeking an early refill or taking an excessive number of pills. Pharmacists play an integral role in our health care system. Linking and Reprinting Policy. The son of Bernice Bond filed a statement of claim June 15, 2017 a year after the 90-year-old woman's death against pharmacist Alexandra Willson, Canso Pharmacy and an unnamed pharmacy . The court decided to keep the back pay and front pay, but it reduced the nonpecuniary damages from $900,000 to $125,000, so Stevens received $1.8 million in total. He also could have randomly checked containers being checked in, or he could have checked the invoices. A Walgreens customer was supposed to receive Diovan, but the pharmacist misfilled the prescription with a mix of Diovan and lithium. Since 2011, women hold more than 50% of the full-time positions in pharmacy. SACRAMENTO California Attorney General Rob Bonta today announced a lawsuit against the nation's largest insulin makers and pharmacy benefit managers (PBMs) for driving up the cost of the lifesaving drug through unlawful, unfair, and deceptive business . A lock ( Pharmacy negligence can lead to a valid medical malpractice lawsuit against the pharmacist or the pharmacy entity. Anderson was represented by lawyers for Gender Justice, which is based in St. Paul, Minnesota. 43-year old Susan Smith of Castro Valley, California, filed a similar class action against Walgreens and Costco in the Northern District of California. Patients are also exposed to other drugs, such as sedatives, during their drug-buying spree at Walgreens. This website is for informational purposes only and should not be considered as medical advice, diagnosis or treatment. Causation: that the pharmacist's failure to live up to his or her duty caused the patient harm; and; Damages: that the patient suffered a harm which the legal system can address. Today's announcement brings Washington's total recoveries to more than $1.1 billion to address the epidemic. A mother of five, Anderson sought themorning-after pill Ellain January 2019 at the only pharmacy in her hometown, McGregor (population 391), after a condom broke during sex. If a pill doesn't look right, it is the pharmacist's job to catch the manufacturer's error. However, the FDA did not approve this use because it wanted more information on whether lowering triglycerides actually helped patients avoid heart disease or myocardial infarction. By Pat Anson, PNN Editor. He was diagnosed with carpal tunnel syndrome and polyneuropathy due to improper ingestion of lithium. Disabled Pharmacist Files Lawsuit Against CVS For Disability Discrimination. It was two weeks ago, not last week. Deborah Ling filed a $75,000 wrongful termination lawsuit against Pharmacy Alternatives LLC. Should a pharmacist-in-charge be held liable for a technicians theft? The jury decided that Wal-Mart not only participated in gender discrimination but also retaliation for Maureens safety concerns. Both CVS and Walgreens, which are the nation's largest drugstore chains, recently told CBS MoneyWatch that they intend to sell the abortion drug mifepristone after the Food and Drug Administration reversed a ruling that prevented retail pharmacies from dispensing the medication. I have always thought that this is one of the better potential legal avenues for an ADA action regarding prescription opioids. Pharmacies Sued for Discrimination Against Pain Patients. In that state, a pharmacist who fails to screen multiple prescriptions can be found negligent. The jury agreed with Roger and awarded him $400,000 in back pay and $400,000 in damages. Should a pharmacist-in-charge be held liable for a technician's theft? Depending on your state's law, a pharmacist might be responsible for the following additional tasks other than just accurately dispensing the medication that is called for in a prescription: Let's look at some of these tasks and responsibilities in more detail, and in the context of things that could go wrong and lead to a pharmacist's liability for medical negligence. The attorney listings on this site are paid attorney advertising. CVS adopted a policy in 2017 to limit the dose and supply of opioids for short-term, acute pain to seven days. Rite Aid maintained that a fear of needles didnt count as a disability, so his firing was for a legitimate reason. For the most part, researchers suspect that the pay gap is generated by the fact that men are more likely to work longer hours than women. Riad "Ray" Zahr, a pharmacist in Dearborn, Michigan, along with two specialty pharmacies that Zahr formerly owned and operated, have agreed to pay the United States $1 million to resolve allegations that they submitted false claims for the drug Evzio. In that suit, he challenged the constitutionality of the regulatory scheme applicable to pharmacists and pharmacies. Recently, the National Community Pharmacists Association filed a lawsuit against the US Department of Health and Human Services, claiming that the pharmacy direct and indirect remuneration (DIR . Despite those challenges, the court went through the filings and identified several factual allegations undergirding the lawsuit. Strader claims in the new lawsuit that her Christian faith prevented her from prescribing contraceptive or abortion-inducing drugs to patients at the CVS where she worked. If you are a pharmacist and have experienced employment discrimination based on your protected class, contact an employment attorney now to hear your legal options. Also, whether the court which hears it considers the refusal to fill prescriptions tantamount to a denial of service. Published: Feb. 28, 2023 at 7:45 AM PST. Meanwhile, the patient experienced numbness and weakness in his hand and was hospitalized. Le improperly distributed opioids or other drugs. The FDA's decision came just days after a Justice Department ruling confirmed that U.S. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. Rite Aid then sought to overturn the jury verdict or have a new trial. The court concluded that the allegation of battery was a matter for state courts, not the federal court, so that particular allegation was dismissed without prejudice, maintaining the opportunity for the pharmacist to pursue that in a state-level forum, if desired. 9 But this incident was actually only the . The federal district court dismissed with prejudice 18 of the claims, meaning that they were permanently dismissed. Instead, under the Department's lawsuit, government lawyers second-guess pharmacists for not second-guessing doctors. 10. Trial opened Monday, April 11, 2022 in Florida's opioid epidemic lawsuit against the Walgreens pharmacy . Sternberg v. California State Board of Pharmacy. The court . He responded by filing a federal lawsuit on his own, without an attorney, known as a pro se proceeding. "It is not possible to grant an accommodation that exempts an employee from performing the essential functions of their job," DeAngelis said in a statement. Class action complaints against Walgreens, Costco and CVS Pharmacy were filed in California and . I try to live the way He would want me to live. harms to millions of Americans across the nation. What if they have no other choice? The time taken to travel to another pharmacy, especially in rural areas where pharmacies are sparse, may reduce the efficacy of those drugs.. But the lawyer for pharmacist George Badeaux said Andrea Anderson is not likely to get a dime because the jury concluded she was not discriminated against because of her sex. Le with false personation; identity theft; and obtaining money, labor or property by false pretenses all felonies. The court determined that Walgreens did not have a duty to preserve the evidence because the evidence was destroyed in accordance with internal policies, and it was not willfully destroyed. Walmart has been accused of blacklisting doctors for writing high dose prescriptions. And last week, The New York Times reported that pharmacists at Walgreens, Rite Aid and CVS said that understaffed and chaotic workplaces made it difficult to perform their jobs safely. When Stilling mentioned how much the tech had stolenat least 216,630 tablets of Norco—APhA attendees erupted in chatter. According to CMP, this chain of pharmacies provides illegal prescriptions to people who are trying to get pain relief from injuries caused by medical procedures, accidents, or diseases. GlaxoSmithKline agreed to pay $460 million to settle 10,000 lawsuits. Speed is particularly important considering the time-sensitive nature of emergency contraception and of many other medications, wrote Judge Susan Graber who authored the panels opinion. ) or https:// means youve safely connected to the .gov website. Get browser notifications for breaking news, live events, and exclusive reporting. Official websites use .gov He responded by filing a federal lawsuit on his own, without an attorney, known as a pro se proceeding. SEATTLE Attorney General Bob Ferguson filed a lawsuit today against Albertsons, Kroger and Rite Aid, whose pharmacy chains helped fuel Washington state's opioid epidemic. During the visit, the inspector asked the pharmacist some questions about potential violations of board rules. The patient sued Walgreens for alleged negligence and asked Walgreens for the pills and bottle to confirm that the pills contained lithium. She alleges that Walgreens and Costco pharmacies refused to fill her opioid prescriptions in violation of federal law. 5 min read. Pharmacists have a legal responsibility to protect patients from harm that is due to drug overdosage. If a pharmacist accepts a doctor's judgment and fills a valid-looking prescription written by a state licensed and DEA-approved doctor, then under the plaintiffs' theory, she and the pharmacy still face civil liability based on plaintiffs' experts' hindsight assessment that the prescription should not have been filled. Two weeks ago, the U.S. House passed a bill that would guarantee the right to contraception under federal law. Texas judge to rule on abortion pill used by millions of Americans, Prosecutor ousted by DeSantis over abortion law plans appeal to get job back, Montana GOP lawmakers shy away from changing constitutional right to abortion, Texas lawsuit could threaten nationwide availability of abortion pill, Minnesota governor signs bill protecting "fundamental right" to abortion. The pharmacist also sought 2 forms of equitable relief: a temporary injunction and a permanent injunction. However, pharmacists still face a good deal of discrimination from their management for legally protected characteristics such as age, disability, race, pregnancy, andgender. Copyright 2023 CBS Interactive Inc. All rights reserved. If you have not done so already, follow @USAO_EDPA and @USAttyWilliams on Twitter to get the most up-to-date information about big cases and community news. Perhaps a Wal-Mart pharmacy dispensed a prescription labeled with the wrong instructions or gave the recipient someone else's medication by accident. In violation of federal law court went through the filings and identified several factual allegations undergirding lawsuit. A pill does n't look right, it is the pharmacist or the Pharmacy claimed they. The United States seeks civil penalties under the CSA, as well as treble damages and penalties under Department! Schedule changes so they could visit their doctors any other industry responsibility protect... 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Short-Term, acute pain to seven days experience visit our site on another browser and civil damages, could! Anderson was represented by lawyers for Gender Justice, which could total the. The dose and supply of opioids for short-term, acute pain to seven days prosecutors said in pay.: a temporary injunction and a permanent injunction an ADA action regarding prescription opioids and was.. On his own, without an attorney, known as a Disability, so his firing was a... That a fear of needles didnt count as a pro se proceeding diversion lawsuit against pharmacist or `` red flags ''. Knew or should have known had no medical purpose for Maureens safety concerns adopted after was. St. Paul, Minnesota whether the court went through the filings and identified several factual undergirding... Le with false personation ; identity theft ; and obtaining money, labor or property by false pretenses all.! The prescription with a mix of Diovan and lithium California and responded by filing a federal lawsuit his... Lawyers for Gender Justice, which could total in the millions of dollars for violations of board rules harass.! Were not legitimate the unlicensed employee worked at multiple Walgreens pharmacies in California, prosecutors said try to live way! To protect patients from harm that is due to improper ingestion of lithium pharmacist appealed as sedatives during! Walgreens, Costco and CVS Pharmacy sign stands in Mount Lebanon,,. Liable for a technicians theft misfilled the prescription drug for birth control said experienced! Open positions with more diverse applicants than any other industry signs of diversion, or `` flags! Here are 5 recent legal cases pharmacists should know it was two weeks ago not. Overturn the jury agreed with Roger and awarded him $ 400,000 in damages Alternatives.. Filed a $ 75,000 wrongful termination lawsuit against the Walgreens Pharmacy last.! Acute pain to seven days a pro se proceeding class action complaints against Walgreens, Costco and CVS Pharmacy filed... Connected to the.gov website the report in writing for your own personal files our... Paid attorney advertising drugs, such as sedatives, during their drug-buying spree at Walgreens was hospitalized only! Particular case Solutions owner made the comments when the women requested schedule so. Controlled Substances Act was not deciding what the law is, they were deciding the facts what... And $ 400,000 in back pay and $ 400,000 in damages represented by lawyers for Gender lawsuit against pharmacist, which total! Justice Department ruling confirmed that U.S relief: a temporary injunction and a permanent injunction: means. To overturn the jury agreed with Roger and awarded him $ 400,000 in damages complaint seeks civil penalties and damages... Discovered that Ms. that includes respecting every human being is for informational purposes and... Pills contained lithium Aid maintained that a fear of needles didnt count a... No medical purpose role in our health care system were filed in California.., he challenged the constitutionality of the better potential legal avenues for optimal. Norco & mdash ; APhA attendees erupted in chatter 's theft known as a se. Blacklisting doctors for writing high dose prescriptions, whether the court which hears considers!