The U.S. Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) have announced a $50 million settlement with retail giant Walmart for its alleged role in the illegal filing of thousands of opioid prescriptions. The charges stem from allegations that Walmart pharmacies, through the actions of its compliance team and pharmacists, violated the Controlled Substances Act by filing invalid prescriptions for opioids and other controlled substances.
Associate Attorney General Stanley Woodward emphasized the department's commitment to protecting Americans from the dangers of the opioid epidemic in a statement. "This settlement proves this Department is committed to putting Americans' flourishing first," he said. "Congress enacted laws to promote responsibility and accountability for companies who dispense controlled substances to protect Americans. This Department will never shy away from vigorously enforcing pharmacies' obligations to comply with those protections, ensuring that potential profits never justify aiding our Nation's opioid epidemic."
The complaint filed against Walmart alleged that since June 26, 2013, the company had been involved in the filing of invalid prescriptions through the actions of individuals on its compliance team and pharmacists. It was further claimed that members of the store's compliance team were aware of certain prescribers operating as "pill mills" yet continued to fill prescriptions written by these prescribers.
The U.S. government also accused Walmart's pharmacists of filing prescriptions they knew to be invalid. This included cases where the prescriptions were written by known "pill mill" prescribers or had obvious red flags, such as dangerous combinations of opioids, excessive repetitions of high-dosage opioids, or repeated requests for early fills of controlled substances.
In addition to the $50 million settlement, Walmart has agreed to take several measures to address future obligations in the dispensing of controlled substances. The company will establish a hotline for employees and patients to report suspected illegal dispensing of controlled substances. It will also proactively monitor its pharmacies' dispensing patterns to identify and address potentially illegal dispensing practices. Furthermore, Walmart has agreed to set up a process to evaluate prescribers suspected of illegal prescribing.
The settlement comes at a time when the opioid crisis continues to plague the United States. According to the DEA, more than 70,000 Americans died from drug overdoses in 2020, and opioids were involved in the vast majority of those deaths. The illegal distribution and use of opioids have been a significant contributing factor to this crisis, and Walmart's case highlights the role that pharmacies and compliance teams can play in combating it.
The news of the settlement has sparked a range of reactions from public health advocates and legal experts. Some have praised the DOJ and DEA for holding Walmart accountable, while others have criticized the company for its alleged role in the opioid crisis.
"This settlement sends a strong message that pharmaceutical companies will be held responsible for their actions in the opioid crisis," said Dr. Andrew Kolodny, co-director of Physicians for Responsible Opioid Prescribing. "Walmart has a responsibility to its customers and the public to ensure that its pharmacies are not contributing to the problem."
Legal experts have also weighed in on the case, with some noting the significance of the settlement amount and the steps Walmart has agreed to take. "This is one of the largest settlements in the opioid crisis, and it sends a clear message that companies cannot ignore their legal and ethical obligations," said David Kessler, a former FDA commissioner and current dean of the Yale School of Public Health.
As the opioid crisis continues to unfold, the Walmart settlement serves as a reminder of the challenges faced by law enforcement and public health officials in addressing the issue. It also underscores the need for ongoing vigilance and collaboration among all stakeholders in the effort to protect the public from the dangers of opioids.
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