Walgreens pushes back on allegations that it put Vermonters at risk during Covid-19 pandemic

Walgreens defended itself towards allegations that the corporate had threatened Vermonters’ well being and security throughout the Covid-19 pandemic, saying in a authorized submitting final week that the pharmacy large had “supplied cheap care to its sufferers whereas grappling with contingencies that impacted pharmacists nationwide.”

The dispute stems from costs, filed in June by the Vermont Workplace of Skilled Regulation, that the corporate had put clients in danger with staffing shortages, unplanned closures, and harmful and unprofessional conduct at its 32 Vermont places. 

In a 40-page doc of costs, state regulators alleged that Walgreens places closed unexpectedly on greater than 325 days, “leaving hundreds of sufferers with out entry to prescription drugs.”

Along with surprising retailer closures, the allegations embody shops shedding monitor of managed substances and medicine and vaccination errors. In October 2021, in response to the charging doc, a affected person on the Pearl Road Walgreens in Essex Junction was given a Pfizer Covid booster as an alternative of the flu shot they requested. 

Some places additionally gave clients the unsuitable remedy or administered it incorrectly, state regulators alleged. State officers additionally alleged that the corporate didn’t reply appropriately to complaints about staffing shortages and unsafe situations at shops. 

The workplace requested the Vermont Board of Pharmacy to “revoke, droop, reprimand, situation or in any other case self-discipline the licenses” of Walgreens.

However Walgreens argued in an Aug. 18 submitting that the chain was being held to an unfair commonplace and requested a choose to dismiss the claims.  

The pharmacy had no intention to shut the places, attorneys for the corporate argued, however was pressured to as a result of pandemic, in addition to different components — corresponding to a pc malfunction and hearth — that have been exterior its management.

Some clients who have been unable to obtain their remedy at Walgreens merely went to a different pharmacy, the corporate famous. 

Regulators had additionally overcounted what number of days the chain’s shops have been shut, Walgreens argued, noting that inside information confirmed that some alleged closures had not taken place. 

The corporate additionally alleged that state regulators have been violating its proper to due course of, and argued {that a} Vermont statute stating that “self-discipline towards anyone drug outlet in a series could also be imposed towards all drug shops in a series” violated the Structure’s equal safety clause. 

“This statute is discriminatory towards chain pharmacies, giving (the Workplace of Skilled Regulation) latitude to disproportionately impose self-discipline towards particular person places in a series whose conduct doesn’t meet the thresholds” for self-discipline, Walgreens attorneys argued. 

Walgreens, “like the remainder of the nation, couldn’t absolutely anticipate the affect of the extraordinarily contagious pandemic, and thus, whereas its operations have been admittedly not excellent, they weren’t in violation of the Vermont statutes,” attorneys mentioned within the submitting. “Certainly, (the corporate) continued to resiliently function throughout the pandemic to assist, not hurt, the group’s well being.”

In response to S. Lauren Hibbert, director of the Workplace of Skilled Regulation, the fees stem from 70 complaints filed by Walgreens staff and clients, in addition to staff of different Vermont pharmacies.

The submitting was reported earlier by The Bennington Banner.

S. Lauren Hibbert, the director of the Workplace of Skilled Regulation, declined to remark, saying officers have been ready for a ruling on the filings. 

George Belcher, a retired Washington County probate choose, has been assigned because the presiding officer for the Pharmacy Board within the case.