Walgreens and City of San Francisco Clash Over Exchange of Records in Opioid Lawsuit

Today, most doctors agree that, except in a very limited set of circumstances, the risks of prescribing opioids on a long-term basis outweigh the benefits. This realization comes too late for millions of Americans struggling with addiction to opioids prescribed after an injury. Many cities around the country have filed lawsuits against the pharmacies and drug manufacturing companies that have contributed to the ongoing opioid addiction epidemic. The lawsuit between the city of San Francisco and multiple defendants involved in the manufacture and distribution of addictive prescription opioid painkillers will likely find imitators in many different jurisdictions. One of the defendants, Walgreens, has disagreed with the city about many of its requests in the discovery phase of the case. If your company is a party in a lawsuit, a San Diego business dispute lawyer can help you decide which documents to request and how to respond to document requests from the other party.

San Francisco Calls for Transparency, but Walgreens Cites Medical Privacy Concerns

Lawsuits between two big businesses, or between a big business and a government entity, almost never resolve quickly, and the legal dispute between the city of San Francisco and a group of major players in the opioid crisis is no exception. One of the reasons that lawsuits take so long is the discovery phase, when the parties request documents and depositions from each other to use as evidence at trial. 

San Francisco has been trying to get access to a large enough body of data from Walgreens to prove that employees of its pharmacies dispensed opioids irresponsibly, filling some prescriptions that were obviously falsified and dispensing pills to patients whose records show obvious evidence of doctor shopping, which means obtaining similar prescriptions from multiple physicians in a short period of time. The parties agreed that Walgreens would release records, but there was no decision on how many records it had to release. At first, Walgreens requested access to a statewide database of records, but a judge denied the request. San Francisco has asked the court to order Walgreens to release all its electronic records, plus 1,000 randomly selected records stored offsite (these records are several years old) and 500 randomly selected records currently stored at its pharmacies (these records are from the past three years). Walgreens argues that complying with this request would waste time and money, since the records would need to be redacted by hand to remove patients’ identifying information so as not to violate medical privacy laws. San Francisco is not buying this excuse; it claims that it is possible to redact the records automatically, which is quick and inexpensive.

Contact Foldenauer Law Group About your Business Dispute

A California business dispute lawyer can help you navigate a protracted discovery phase in your lawsuit. Contact Foldenauer Law Group, APLC in San Diego, California to discuss your case.