A federal judge has dismissed a proposed class action lawsuit accusing pharmacy giant Walgreens Boots Alliance Inc of discriminating against people with disabilities by discouraging pharmacists from filling high dose opioid prescriptions.
by U.S. District Judge Charles Breyer in San Francisco Friday comes as Walgreens and other pharmacy operators face thousands of lawsuits nationwide accusing them of failing to stop illegal opioid distribution, contributing to an epidemic of addiction that has killed more than half a million people over two decades. But patient advocates like plaintiff Susan Smith say people with severe pain have been harmed by efforts to curb illegal drug diversion.
Smith originally sued Costco Wholesale Corp as well, but settled with the company in January on undisclosed terms. Walgreens, moving to dismiss, said that Smith failed to explain how, specifically, its policy resulted in prescriptions not being filed, and how it discriminated against people with disabilities.
Breyer agreed on Friday, finding that Smith "has not plausibly alleged that the policy is 'so closely associated' with disabled people" that it amounts to discriminating against them. In May, a Rhode Island federal judge allowed a similar lawsuit against Walgreens, Costco and CVS Pharmacy Inc to go forward, finding that the plaintiff in that case had offered studies that supported a strong correlation between disability and opioid prescriptions.a trial over their alleged role in the opioid epidemic in New Mexico.
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