What happened to people entitled to a “speedy trial”?
https://seekingjusticeforpainpatients.com/
Speedy Trial Rights: Criminal vs. Civil (Class Action) Cases
Criminal Cases:
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The right to a “speedy trial” is a constitutional protection under the Sixth Amendment of the U.S. Constitution and is reinforced by statutes like the federal Speedy Trial Act125.
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This right is specifically designed to protect criminal defendants from undue delays that could result in oppressive pretrial incarceration, anxiety, and impairment of the defense15.
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Courts use a balancing test (from Barker v. Wingo) to determine if a criminal defendant’s speedy trial rights have been violated, considering factors such as the length and reason for delay, the defendant’s assertion of the right, and prejudice to the defendant125.
Civil Cases and Class Actions:
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Class action lawsuits are a form of civil litigation, not criminal prosecution6710.
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The right to a speedy trial does not apply to civil cases, including class actions. The Sixth Amendment and the Speedy Trial Act are limited to criminal proceedings125.
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Civil cases, including class actions, are governed by different rules (such as the Federal Rules of Civil Procedure, Rule 23), which do not guarantee a speedy trial36.
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While courts may manage their dockets to avoid unreasonable delays in civil cases, there is no constitutional or statutory right to a speedy trial for class action plaintiffs368.
Summary Table: Speedy Trial Rights
| Type of Case | Right to Speedy Trial? | Legal Basis |
|---|---|---|
| Criminal | Yes | Sixth Amendment, Speedy Trial Act125 |
| Civil (including class actions) | No | Federal Rules of Civil Procedure36 |
Conclusion
People who file class action lawsuits are not entitled to a speedy trial. The right to a speedy trial is a protection afforded only to criminal defendants and does not extend to plaintiffs or class members in civil litigation, including class actions12356. Civil cases may still be subject to general court rules against unreasonable delay, but there is no constitutional or statutory right equivalent to the speedy trial protections in criminal law.
Citations:
- https://www.strengthenthesixth.org/focus/Speedy-Trial
- https://www.justice.gov/archives/jm/criminal-resource-manual-628-speedy-trial-act-1974
- https://www.law.cornell.edu/rules/frcp/rule_23
- https://www.americanbar.org/groups/criminal_justice/resources/standards/speedy-trial/
- https://www.justia.com/criminal/procedure/right-to-a-speedy-trial/
- https://www.sarrafgentile.com/wp-content/uploads/pdf/An-Introduction-to-Class-Actions.pdf
- https://en.wikipedia.org/wiki/Class_action
- https://www.crowell.com/en/insights/publications/class-actions-rethinking-the-class-actions-strategy
- https://thenationaltriallawyers.org/article/class-action-lawsuit-checklist-do-you-have-a-claim/
- https://sanfordheisler.com/blog/2024/08/class-action-lawsuits-powerful-tools-for-advancing-the-public-interest/
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Class Action Lawsuits Against CVS, Walgreens & Costco Over Refusal to Fill Pain Medication
Overview of the Lawsuits
Two prominent class action lawsuits were filed by women in different states-Florida and California-against major pharmacy chains for refusing to fill opioid prescriptions for chronic pain:
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Edith Fuog (Florida): Filed a class action lawsuit against CVS, alleging that CVS pharmacists repeatedly refused to fill her opioid prescriptions, which she used to manage chronic pain from multiple serious medical conditions. The refusals were reportedly based on the 2016 CDC opioid prescribing guidelines, particularly the 90 morphine milligram equivalents (MME) daily threshold1234.
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Susan Smith (California): Filed a class action lawsuit against Walgreens and Costco in California, claiming that these pharmacies refused to fill her legitimate opioid prescriptions for severe chronic migraines and other conditions, despite her physician’s oversight and documentation345.
Both lawsuits allege violations of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the anti-discrimination provisions of the Affordable Care Act, arguing that the refusals amounted to discrimination against people with disabilities who require pain management34.
Status of the Lawsuits
Edith Fuog v. CVS (Florida)
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The case was filed in federal court in Rhode Island, where CVS is headquartered.
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In May 2022, a federal judge ruled that the lawsuit could proceed, rejecting CVS’s motion to dismiss. The court found that Fuog had presented plausible claims under the ADA, particularly because her need for higher opioid doses was directly related to her disabilities1.
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The judge allowed the case to move forward as a potential class action, meaning other similarly affected patients could be included1.
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As of the latest available updates, the case is ongoing, with Fuog indicating she would only settle if CVS adopts a clear public policy instructing pharmacists to fill all legitimate opioid prescriptions5.
Susan Smith v. Walgreens and Costco (California)
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Smith’s lawsuit was filed in California and also seeks class action status. She alleges repeated refusals by Walgreens and Costco to fill her opioid prescriptions, despite extensive documentation and compliance with medical oversight345.
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Like the CVS case, Smith’s lawsuit is based on alleged discrimination under federal disability and health laws34.
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As of the latest reports, the case is ongoing. Attorneys have not publicly disclosed further developments or any settlements5.
Summary Table
| Plaintiff | State | Defendant(s) | Status (as of 2025) |
|---|---|---|---|
| Edith Fuog | Florida | CVS | Class action moving forward; ongoing15 |
| Susan Smith | California | Walgreens, Costco | Class action filed; ongoing35 |
Key Points
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Both lawsuits are among the first national class actions addressing pharmacy refusals to fill opioid prescriptions for chronic pain patients134.
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The cases are still active, with no final rulings or settlements reported as of May 2025.
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The outcomes may set important precedents regarding pharmacy obligations under disability and anti-discrimination laws.
If you need more recent updates or specifics about court dates or rulings, additional legal databases or news sources may need to be consulted.
Citations:
- https://www.painnewsnetwork.org/stories/2022/5/12/class-action-lawsuit-over-cvs-opioid-policy-moves-forward
- https://wpde.com/news/nation-world/chronic-pain-sufferer-sues-cvs-for-refusing-to-fill-opioid-prescription-05-30-2021
- https://floridaorthopaedicsociety.org/news/524004/Pharmacy-Chains-Face-Lawsuits-For-Refusing-To-Fill-Opioid-Prescriptions.htm
- https://www.beckershospitalreview.com/pharmacy/cvs-walgreens-costco-sued-for-not-filling-opioid-prescriptions.html
- https://www.painnewsnetwork.org/stories/2020/8/27/lawyers-may-not-expand-lawsuits-against-pharmacy-chains
- https://www.youtube.com/watch?v=YzDGZCyMIgI
- https://www.cvshealth.com/impact/healthy-community/our-opioid-response.html
- https://www.painnewsnetwork.org/stories/2020/8/11/class-action-lawsuits-filed-against-pharmacies-for-discrimination-against-pain-patients
- https://www.painnewsnetwork.org/stories/2024/12/20/cvs-pushes-back-against-latest-opioid-lawsuit
- https://wgxa.tv/news/nation-world/chronic-pain-sufferer-sues-cvs-for-refusing-to-fill-opioid-prescription
- https://drugfree.org/drug-and-alcohol-news/florida-doctor-sues-cvs-for-not-filling-his-prescriptions/
- https://www.youtube.com/watch?v=J6B9VLypoE0
- https://nwlc.org/wp-content/uploads/2024/06/2024.6.6-CVS-Demand-Letter.pdf
- https://centerforuspolicy.org/wp-content/uploads/2021/04/Patient-Access-to-Opioids-Litig-Tracker-20210913.pdf
- https://www.govinfo.gov/content/pkg/USCOURTS-rid-1_20-cv-00337/pdf/USCOURTS-rid-1_20-cv-00337-1.pdf
- https://ecf.rid.uscourts.gov/cgi-bin/show_public_doc?2020cv0337-46
- https://legislativeanalysis.org/wp-content/uploads/2022/01/October-2021-Case-Law-Monitor-FINAL.pdf
- https://abcnews.go.com/US/cvs-knowingly-dispensed-massive-amount-invalid-opioid-prescriptions/story?id=116927855
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