Pharmacist Faces Charges for Controlled Substance Violations
A federal lawsuit has been filed against Elizabeth Dembo, a pharmacist from Creve Coeur, Missouri, for allegedly violating the Controlled Substances Act (CSA) and the False Claims Act (FCA). The U.S. Attorney’s Office for the Eastern District of Missouri filed the complaint on February 23, 2021.
According to the complaint, Dembo, the pharmacist-in-charge of Olive Street Pharmacy, LLC, unlawfully dispensed controlled substances to patients during her time at the pharmacy. The complaint accuses Dembo of routinely filling prescriptions for Subsys, an oral fentanyl spray, despite knowing the patients did not qualify for the drug.
The complaint also states that Dembo dispensed high dosages of Subsys to patients, exceeding the recommended maximum daily dosage by as much as 17.5 times. Additionally, the complaint alleges that Dembo knew that the prescriptions were not legitimate, as they were being written by a neurologist who had a history of illegally distributing prescription opioids.
Other red flags described in the complaint include instances of tampering with written prescriptions, dangerous combinations of drugs, and amounts of opioids that exceeded CDC guidance. Despite these warning signs, the complaint alleges that Dembo continuously dispensed prescriptions that she knew or should have known had no medical purpose.
The complaint alleges that Dembo’s unlawful conduct resulted in numerous violations of the CSA and the FCA. The United States seeks civil penalties under the CSA, as well as treble damages and penalties under the FCA. If Dembo is found liable for violating the CSA, she could face civil penalties of up to $67,627 for each unlawful prescription filled.
“As we continue to battle a national health emergency involving opioid abuse, we rely heavily upon pharmacists to do their part in ensuring prescriptions for controlled substances are filled and dispensed for legitimate medical purposes,” said Inez Davis, Diversion Program Manager of the Drug Enforcement Administration St. Louis Division.
“When a pharmacist fails in their responsibility to follow the requirements of the Controlled Substance Act, they compromise public trust and may cause great harm to our citizens and communities,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.
The claims made in the complaint are allegations the United States must prove if the case proceeds to trial.
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Key Facts
- State: Missouri
- Category: Drug Trafficking|Fraud & Financial Crimes
- Source: DOJ Press Release â†â€â€
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