Kentucky Attorney General Andy Beshear has filed suit against the Walgreens drugstore chain, claiming it failed to monitor its operations that shipped and dispensed large quantities of opioids throughout its more than 70 retail drugstores in Kentucky. The suit alleges that Walgreens failed to report to state and federal authorities suspiciously large orders it received for prescription opioids at the distribution level, and failed to monitor and flag suspicious prescriptions in its pharmacies. As a consequence of Walgreens’ alleged missteps, the lawsuit asserts that an excess of opioids flowed into Kentucky communities, and seeks damages, penalties and assistance in addressing the state’s opioid addiction crisis. In a statement, Beshear commented: “I want to make sure these billion-dollar companies take responsibility and become a part of the solution.”
The entire pharmaceutical supply chain is governed by a number of complex state and federal regulations. For example, the Controlled Substances Act requires pharmacy manufacturers, wholesalers, distributors, prescribers and pharmacists to implement adequate security controls to prevent the diversion of controlled dangerous substances. Walgreens is alleged to have ignored proper security controls, thereby contributing to the opioid crisis in its role as both distributor and dispenser.
As enforcement efforts continue, every participant along the supply chain continuum potentially faces discipline by professional boards and regulatory agencies, civil liability and/or criminal prosecution. To minimize the risk of violating the applicable regulations, participants should implement a robust opioid compliance plan. Frier Levitt has extensive experience in creating opioid compliance plans for pharmacies, manufacturers, wholesalers, distributors, and prescribers. Contact Frier Levitt today to speak to an attorney.
