CVS, Rite Aid hit with $14 million verdict in Kentucky lawsuit

HAZARD, Ky. (LEX 18) — A Perry County physician who was stripped of his medical license was awarded $14 million in damages final week in a lawsuit he filed in opposition to CVS and Ceremony Assist.

James Dustin Chaney was indicted in 2014 in federal courtroom on a number of counts associated to conspiracy to distribute managed substances. He pleaded responsible in 2015 to a single depend of cash laundering conspiracy and was sentenced to 2 and a half years in jail, in accordance with courtroom data.

After listening to proof at a civil trial final week, a Perry County jury discovered that CVS and Ceremony Assist “did not train peculiar care in attributing managed substance prescriptions to plaintiff Dr. James Dustin Chaney,” in accordance with the jury verdict.

Chaney’s attorneys allege that CVS and Ceremony Assist pharmacies in Hazard wrongfully stuffed a whole lot of prescriptions beneath Chaney’s identify and license quantity.

“Oxycodone, hydrocodone, Xanax prescriptions that Dr. Chaney didn’t write and the pharmacies have been filling them for sufferers he didn’t see, didn’t have a relationship with,” mentioned Laraclay Parker, Chaney’s legal professional.

Parker argues that the alleged inappropriately-filled prescriptions by CVS and Ceremony Assist led to Chaney’s indictment. She mentioned that Chaney solely pleaded responsible to a lesser cost in that case to keep away from the chance of dealing with as much as 60 years in jail.

After final week’s verdict in Chaney’s favor, his attorneys mentioned that he needs to clear his identify and repute.

Chaney’s attorneys mentioned that the pharmacies would fill managed substance prescriptions greater than as soon as by including a zero to the prescription quantity.

“If a buyer got here in for a prescription for oxycodone, 30 tablets, what Ceremony Assist would do was fill that beneath one prescription quantity – 87409 – then fill it a second time with quantity 087409, releasing 60 tablets into the neighborhood,” Parker mentioned.

CVS advised LEX 18 that they “respectfully disagree” with the decision within the case and are reviewing their choices, together with an enchantment.

Ceremony Assist had no touch upon the case.

The Perry County jury did aspect with the pharmacies on two counts, in a single discovering that Chaney did not train “peculiar care and that such failure on his personal half was a considerable think about inflicting the harm about which he complains.”

Within the different, the jury discovered it was Chaney’s obligation to observe “the reporting of managed substance prescriptions attributed to him.”

On all different counts, the jury sided with Chaney in opposition to the pharmacies. Chaney’s legal professionals mentioned they hope the result will result in the federal government taking a better have a look at how all pharmacies do enterprise.

“Whether or not it is a company or a person one who wrongfully releases medication into the neighborhood, whoever it’s, they need to be held accountable,” Parker mentioned.