US sues Rite Aid for allegedly missing ‘red flags’ in unlawful prescriptions

US sues Rite Aid for allegedly missing ‘red flags’ in unlawful prescriptions

 

Here is a quote from this article:  Associate attorney general Vanita Gupta said that the pharmacy chain’s prescribing practices had “opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores”.  Maybe this is why this attorney is working for the Feds, because apparently believes that Rite Aid PRESCRIBES PRESCRIPTIONS.  Neither Rite Aid nor Pharmacist have prescriptive authority. That is the statutory  function of  physicians and mid-levels practitioners.

The whistleblower lawsuit said that federal and state laws require pharmacies to review prescriptions to ensure they are being prescribed legally and for the right reasons. The complaint comes after three former employees of Rite Aid – Andrew White, Mark Rosenberg and Ann Wegelin – brought a lawsuit against the chain.

Under whistler blower lawsuits https://kkc.com/frequently-asked-questions/whistleblower-rewards-programs-payouts-guide/  Each program requires the government to pay a minimum reward to the whistleblower of between 10 and 15 percent. Under some laws, the reward can be as much as 30 percent of the money recovered.

I just wonder if the DOJ sought out these three pharmacists to file a law suit or they pursued a lawsuit in opens of $$$ they could get from such a lawsuit ?  Since all three of these Pharmacists FORMER EMPLOYERS…it would not be hard for the DOJ to search some databases to find Pharmacists that were employed by Rite Aid during 2014 -2019 time frame, but no longer employed by Rite Aid.

Here is another example of who ever wrote this article has no idea of the proper context of what they wrote Over-prescription of opioids is estimated to have been responsible for 500,000 deaths since 2000.  I have never heard the term “Over-prescription”

US sues Rite Aid for allegedly missing ‘red flags’ in unlawful prescriptions

https://www.theguardian.com/us-news/2023/mar/14/rite-aid-lawsuit-opioids-fentanyl-prescriptions

DoJ alleges pharmacy chain knowingly filled prescriptions that were ‘medically unnecessary’, including opioids

The US government has sued Rite Aid, one of the nation’s largest pharmacy chains, for allegedly missing “red flags” when it knowingly filled unlawful drug prescriptions – including opioids and fentanyl – and ignored internal controls on its practices.

In a complaint filed on Monday, the federal justice department asserted that Rite Aid “filled at least hundreds of thousands of unlawful prescriptions for controlled substances that were medically unnecessary, lacked a medically accepted indication, or were not issued in the usual course of professional practice” between 2014 and 2019.

Rite Aid pharmacists are accused of ignoring obvious signs of misuse, including filling prescriptions for “trinities” – a combination of opioids, benzodiazepine and muscle relaxants.

So-called drug trinities are considered particularly euphoric for substance abusers – but also especially dangerous. Opioids such as oxycodone slow breathing, benzodiazepines like Xanax slow the heart, and muscle relaxants compound both effects, leading to fatal overdoses.

There is really no substantial clinical trials that those three meds prescribed to pts in appropriate doses for particular medical health issues and the pt taking those meds as prescribed, puts these pts at any adverse medical health issues.  Of course, when you are dealing with people who have addictive mental health issues, they could be abusing Nicotine, Alcohol, Caffeine, sex, gambling, opioids, amphetamines, cocaine, etc..etc… can lead to the personal abuse of those particular items.  We have some 30-40 million people using/abusing the two drugs Nicotine & Alcohol and that contributes to abt 550,000/yr deaths.  Maybe because those two drugs have a very health “six tax” revenue stream going to various bureaucracies.  Does that suggest that those deaths are considered “socially acceptable” ?

The justice department’s complaint said that Rite Aid had “early fills” of fentanyl and oxycodone prescriptions before a prior prescription for the same drug had run out, which is “a clear sign of over-utilization”.

In a statement, the US attorney general, Merrick Garland, said: “The justice department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country.”

Associate attorney general Vanita Gupta said that the pharmacy chain’s prescribing practices had “opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid’s stores”.

The justice department also accused Rite Aid of intentionally deleting some pharmacists’ internal notes about suspicious prescribers, such as “cash only pill mill???”, “writing excessive dose[s] for oxycodone” and bluntly “DO NOT FILL CONTROLS”.

A statement from Orville Greene of the Drug Enforcement Agency said Monday’s action “should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety”.

Rite Aid has declined to comment on the allegations, saying the litigation is pending.

The complaint comes after three former employees of Rite Aid – Andrew White, Mark Rosenberg and Ann Wegelin – brought a lawsuit against the chain in October 2019 accusing the company of pressuring pharmacists to rush and fill prescriptions without conducting “red flag” research, which could include looking into a doctor who is writing large amounts of opioid prescriptions or customers who showed signs of doctor-shopping.

The whistleblower lawsuit said that federal and state laws require pharmacies to review prescriptions to ensure they are being prescribed legally and for the right reasons.

“Rite Aid violated these duties by dispensing extremely large amounts of opioids from its retail pharmacy stores throughout the United States,” the lawsuit says. “… Pharmacies serve as the last line of defense between dangerous opioids and the public.”

Federal prosecutors later took over the whistleblower lawsuit. In a press release, the justice department said its intervention in the civil case “illustrates the government’s emphasis on combating health care fraud”.

The lawsuit comes days after the justice department announced the creation of the opioid epidemic civil litigation taskforce, a group charged with coordinating the government’s response to the prescription opioid crisis of the late 90s and early 2000s.

Congress created the DECADE OF PAIN LAW in 2000 and ENCOURAGED doctors to more aggressively treat pain and may have contributed to some careless prescribing – especially refilling pain meds, first prescribed for acute pain.  In this article they stated that opiate crisis started in the late 90’s & early 2000’s. But this lawsuit covers the 2014-2019 period.

Over-prescription of opioids is estimated to have been responsible for 500,000 deaths since 2000, according to the US Centers for Disease Control and Prevention. It is now widely blamed for setting the stage for the current fentanyl crisis, which is estimated to be a factor in two-thirds of a record 107,000 fatal drug overdoses last year.

The taskforce hopes to “steer the [government’s] civil litigation efforts involving actors alleged to have contributed to the opioid epidemic, including by diverting prescription opioids”, the justice department said in a statement.

More recently, bipartisan political support has been growing to list fentanyl-smuggling Mexican drug cartels as foreign terrorist organizations. That came after the Gulf cartel reportedly mistook four US travelers in the Mexican border city of Matamoros for drug smugglers, shot at them, and kidnapped them.

Two of the Americans were killed, and the other two were later rescued. The group had gone to Mexico for one of them to undergo a cosmetic surgery known as a tummy tuck.

4 Responses

  1. Again,,,why aren’t these lawyers FOR rite aid fighting back??Opiates work,,they were valid scripts,,,bring in those medically ill patients to the court room who received the MEDICINE opiates,,,ask them,,,for Mr.Ms Wolf is correct,,,they know nothing of our medical illness/records,,,soo how the hell do that make ANY determination????This is about agenda,,as Steve said long ago,,,,,truth does not matter,,,,,,truth is,,,opiates works,,,,always did,,,and a bunch prohibitionist bigot’s,,prejudice against the wellbeing of others,,,wanting 1 definition of what ,”well is,” are turning/have ruined the field of medicine,,,,permanently,,,,if we don’t get real medicine back,,,,jmo,,maryw

  2. All of those valid “illegal” prescriptions flowing through Rite Aide. This is just infuriating. How in the blue hell does the DOJ (ANY branch, entity or agent thereof) think they would know what is medically necessary vs what is not and WHY do the people who could do something about that blatantly malicious notion continue to bite their tongues and sit on their hands? It goes far beyond shameful. It’s outright repulsive.

    And now we have the President of Mexico calling on the US to outlaw MEDICAL FENTANYL too, because he’s in the back pocket of all of the cartels in his country. Or at very least, it’s safe to say that he has zero control in the drug trade arena. We can only hope our gov does something sensible for once and doesn’t readily oblige him to further their fallacy ridden narrative. I guess we will see, stay tuned folks! If it somehow falls to a decision of the DOJ, we already know which way that’ll go. I guess the only saving grace might be that if medical fentanyl is outright illegal, members of our gov won’t have access to it either. Or maybe they will. Who knows?

    All I know is that by all appearances, the DOJ has gone rogue when it comes to targeting anyone that has anything to do with Rx opioids, if we are gauging by SCOTUS ruling. So I stand by what I said before. It’s prohibition by proxy. The “proxy” portion comes from the fact that it’s technically not illegal to prescribe, but for all intents and purposes, as per DOJ, it most certainly is. If this goes on much longer, they’ll be successful at preventing any sane doctor from writing a prescription for pain medication and when anyone complains, they’ll say “We aren’t stopping you, it isn’t illegal, it’s just that doctors have finally come to their senses since they’ve made the CHOICE to stop committing and perpetuating criminal behavior”. If that’s not prohibition by proxy, I guess I don’t know what is.

    • According to Wikipedia, there is some 400 known different Fentanyl analogs.. only Fentanyl citrate is FDA approved Fentanyl as safe for human use. As I understand, that Fentanyl Acetate is the analog that is being produced by the Mexican cartels… and reportedly abt 50% less potent than the FDA approved analog. Technically any Fentanyl analog is already ILLEGAL and even the FDA approved Fentanyl Citrate is also ILLEGAL if it is in the possession of anyone that was not legally prescribed to. Passing some sort of LAW to declare ALL FENTANYL ANALOGS illegal probably won’t do a thing about how much already illegal fentanyl is on our street. It could possibly encourage the Mexican cartels to create a standardized potency tablets of Fentanyl acetate and create a better organized distribution system with some sort of “brand” so that people know that they are getting a consistent product

      • I believe Obrador’s move is about nothing more than saving face in light of the increasingly bad rap he’s getting regarding the scourge of illicit fentanyl on this side of the border. One day, he says there is no fentanyl being manufactured by cartels in his country. The next, he’s talking about making all fentanyl illegal, adding that he’s even talking to the medical community in Mexico about getting rid of the fentanyl they use in clinical settings and insisting the US to do the same.

        The same article noted that it isn’t “medical fentanyl” that’s being sold on streets anyway, except maybe on exceedingly rare occasion. I’m sure he has, at very least, been advised that “medical fentanyl” isn’t the issue. Apparently, he doesn’t care. He is right about one thing, though. US drug policies are partly to blame for the surge of illicit fentanyl.

        I absolutely agree with you that making ALL fentanyl illegal will likely prompt the cartels to create their own stable brand, if it has any impact at all. I was just talking to someone about that a couple of days ago. There will be a demand to be filled and logic would suggest that would be the natural progression. What strikes me is that the cartels current dealings are already illegal in their own country. So, its not likely to profoundly impact them and in my opinion, it’s quite reckless that anyone would even entertain the idea of lumping fentanyl citrate in with Illicitly manufactured fentanyl as means of “making progress”. Which is why I found it so aggravating when I read Obrador was pushing to remove it from medical use.

        This is either a very stupid move or a very calculated one. The jury is out on that, although my first inclination is toward utter stupidity. I will be keeping close tabs on the situation, though. That is for certain. We never know what to expect anymore. Right is wrong and wrong is right these days, it seems. Especially when it comes to opioids in our own country.

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