New Mexico is one of the hardest-hit states in the opioid crisis with reckless opioid dispensing practices by retail pharmacies contributing to the public health emergency. Baron & Budd attorneys, Dan Alberstone and Mark Pifko, argued on behalf of the State of New Mexico that Walgreens had a duty to stop the flood of opioids into the State by investigating and resolving red flag prescriptions before dispensing the potent drugs.
Pharmacies have a responsibility to ensure the orders they fill are valid and legitimate. Red flags for prescriptions can be orders of an unusual size or frequency, a doctor writing prescriptions for controlled substances more frequently than other doctors in the area, prescriptions being refilled sooner than the time for legitimate use, prescriptions written with doses or quantities that differ from typical usage and many more. During the trial, Walgreens employees testified that they did not have the resources necessary to identify suspicious orders. Other communications with Walgreens employees indicated they did not have effective controls and procedures in place to prevent the diversion of opioids.
“Throughout the 8 weeks of the trial, it was clear that Walgreens failed to stop red flag prescriptions putting their own profits over the safety of New Mexicans, said Baron & Budd Shareholder, Mark Pifko. “I am proud of the work by all of the attorneys on our team who worked hard to tell the State’s story as part of our effort to hold Walgreens accountable for their role in New Mexico’s opioid epidemic. We look forward to the judgment in this case.”
A judgment by Judge Matthew is expected in the coming months.
