The Cherokee Nation has filed a lawsuit in the Cherokee Nation District Court against six distribution and pharmacy companies, claiming that they have unjustly profited through over-prescribing and selling opioids.

The companies included in the lawsuit include three pharmaceutical companies: McKesson Corporation, Cardinal Health, and Amerisource Bergen. It also includes three pharmacies: CVS, Walgreens, and Walmart. The lawsuit claims that it was the companies’ responsibility to monitor opioid prescriptions and orders in Cherokee Nation, identify the red flags present, and report those issues to the federal government. Essentially, the companies should have noticed warning signs like individual patients trying to fill prescriptions from multiple doctors, or driving long distances to fill prescriptions for no apparent reason.

The lawsuit details the horrific effects that prescription opioids have had on the community, noting that American Indians are more likely to die from drug overdoses than other ethnic groups. Annual deaths from opioid overdose have doubled in Cherokee nation between 2003-2014, and now outnumber deaths from car accidents. It also points out that young people have been hit particularly hard. It reads:

A 2014 study funded by the National Institute on Drug Abuse found a much higher prevalence of drug and alcohol use in the American Indian 8th and 10th graders compared with national averages. American Indian students’ annual heroin and OxyCotin use was about two to three times higher than the national averages in those years.

The lawsuit also details the issues with women who are addicted to opioids and become pregnant, as well as the harm to the community as a whole when drug addiction and crime rise. The Cherokee Nation is seeking restitution for health care costs for those who have been affected by opioid addiction.

Cherokee Nation isn’t the first area to file a lawsuit against companies for the metoiric rise in opioid issues around the U.S.–earlier this year, Everett, Washington became the first city to sue a painkiller manufacturer. A tiny town in West Virginia, called Kermit, sued McKesson, AmerisourceBergen, Cardinal health, Miami-Luken, AD Smith Corporation and a former Kermit pharmacy, Sav-Rite Pharmacy. Those are just a couple examples–there have been others, and until the opioid crisis in the U.S. is under control, there are sure to be more.

In the Cherokee Nation lawsuit, the companies named in the suit have either elected not to comment or have pointed out that they have stringent policies in place to deal with opioid abuse, or that addiction is the real issue.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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The Department of Veterans Affairs announced a new pilot program on Tuesday that would allow veterans in Phoenix to receive outside care at CVS MinuteClinics. The program is a new effort designed to alleviate the exorbitant wait times veterans face when seeking care at VA facilities. For now, the program is limited to the Phoenix area, where VA facilities treat about 120,000 veterans.

“Our number one priority is getting veterans’ access to care when and where they need it,” Baligh Yehia, the VA’s deputy undersecretary for health for community care, told the Associated Press. “The launch of this partnership will enable VA to provide more care for veterans in their neighborhoods.”

The current Veterans Choice Program (VCP) restricts veterans from seeking outside care unless they have to wait more than 30 days for an appointment. If the nearest VA clinic is over 40 miles away, then a veteran is allowed to seek outside care as well. The new Phoenix-area program allows VA staff to recommend a veteran to go to a MinuteClinic when “clinically appropriate.” VA Secretary David Shulkin has indicated he would like to scrap the current VCP restrictions.

Congress recently passed legislation that would funnel $10 billion into the VCP program. “Congress has once again demonstrated that the country stands firmly united when it comes to supporting our nation’s Veterans,” Shulkin said at the time. President Donald Trump, who promised throughout his campaign to reform the VA, is expected to sign the legislation on Wednesday.

In 2014, then-VA Secretary Eric Shinseki resigned after it was revealed that officials in Phoenix falsified reports about the wait times veterans faced at VA clinics. The fake reports covered up the fact that in some instances, veterans died while waiting for care. In a recent survey conducted by the VA, only 61 percent of veterans said they could get a medical appointment for primary care when they needed one.

Sen. John McCain (R-AZ) a veteran of the Vietnam War, where he was also a POW, supports the new program. “Veterans in need of routine health care services should not have to wait in line for weeks to get an appointment when they can visit community health centers like MinuteClinic to receive timely and convenient care,” he said.

And Tobias Barker, the chief medical officer of CVS MinuteClinic, told the AP he hopes the new program can be one of several solutions to providing medical care to America’s veterans. “We believe in the MinuteClinic model of care and are excited to offer our health care services as one potential solution for the Phoenix VA Health Care System and its patients,” he said.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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