Civil suit against local pharmacies filed

The papers requisite for filing a civil complaint against pharmacists who unlawfully hold or deny filling prescriptions and do so without valid justification (or without having stated their justification) were filed today, specifically, against Walgreens Speciality Pharmacy and New Whiteland Kroger Pharmacy. This filing is in addition to the formal complaints filed first with the Indiana Board of Pharmacy and, most recently, with the Indiana State Attorney General.

The complaint alleges that two pharmacies, New Whiteland Kroger Pharmacy and Walgreens Specialty Pharmacy, repeatedly refused to fill valid prescriptions for life-sustaining HIV/AIDS medications (Oxandrolone and Testosterone Cypionate) without proper justification. I am claiming that the pharmacies violated Indiana law by refusing to honor or transfer these prescriptions, misrepresenting medication availability, and failing to provide clear reasons for their refusal.

Furthermore, the complaint accuses Walgreens Specialty Pharmacy of engaging in retaliatory action by reporting my physician to the California State Medical Board after I complained about their refusal to fill my prescription. As a result of these actions, I am alleging that my health has significantly deteriorated, with my cachexia condition worsening from level 1 to level 3. The complaint seeks relief on grounds of negligence, breach of statutory duty, intentional infliction of emotional distress, and retaliation.

The complaint is still in the initial stages of filing, and is marked "pending" while awaiting review by the clerk and adjudication of a request for waiver of fees by a judge:

Basis for the case

The legal grounds for this case are:

Breach of professional duty
Negligence
Interference with medical treatment
Violation of patient rights

The remedies being sought include:

Compensatory damages for any medical complications or additional expenses incurred
Punitive damages (in cases of extreme misconduct)
Injunctive relief requiring the pharmacy to fill valid prescriptions
Formal reprimand or disciplinary action against the pharmacists (through the Indiana Board of Pharmacy)

The laws authorizing relief include:

Indiana Code Title 25, Article 26 - Pharmacists and Pharmacies
Indiana Administrative Code Title 856 - Indiana Board of Pharmacy
Indiana Code § 34-20-2-1 - Product Liability Act (if arguing the pharmacist's action as a form of defective service)

The complaint incorporates the key points from your notices of intent to sue and cites the relevant Indiana laws and regulations. It addresses the refusal to fill prescriptions, failure to transfer prescriptions, provision of false information, violation of duty of care, withholding of prescriptions, misrepresentation of medication availability, and failure to provide justification. Let's address these in reverse order in more detail (per the backlog containing my conversation with Claude):

While there isn't a specific Indiana law that explicitly requires pharmacists to provide a reason for refusing to fill a prescription, it's generally considered a professional and ethical obligation to do so. The American Pharmacists Association's Code of Ethics states that pharmacists should communicate with patients about their care.

Lying to patients or deliberately ignoring their concerns goes against professional ethics and could potentially be grounds for disciplinary action. The Indiana Code of Ethics for Pharmacists (855 IAC 1-13-3) requires pharmacists to exercise sound professional judgment and act with honesty and integrity.

Indiana Administrative Code 856 IAC 1-34-2(e) states that if a pharmacist refuses to fill or refill a prescription, they must, upon request, provide the patient with information about how to contact the Indiana Board of Pharmacy. This implies an expectation of communication with the patient.

Pharmacists have a duty of care to their patients. While they can refuse to fill prescriptions based on professional judgment, this should be done in a way that doesn't abandon the patient or impede their access to necessary medication.

Pharmacists are required to keep records of prescriptions, including those not filled. This suggests an expectation of accountability for their decisions.

While pharmacists have discretion, they are not free to lie or ignore patients' concerns without potential consequences. Such behavior could be grounds for:

1. A complaint to the Indiana Board of Pharmacy

2. A civil lawsuit for negligence or breach of professional duty

3. Disciplinary action from their employer

If you've experienced a pharmacist lying or ignoring your concerns, you may want to:

1. Document all interactions in detail

2. File a complaint with the pharmacy's management

3. Submit a formal complaint to the Indiana Board of Pharmacy

4. Consult with a healthcare attorney about your specific situation

Remember, while pharmacists have discretion, they are also bound by professional ethics and standards of care. Their actions should aim to protect patient health and safety while maintaining professional integrity.

[end of backlog]

Here are most of the legal documents filed in this case so far, in no particular order:

Notice of Intent to Sue Kro... by James Alan Bush

Notice of Intent to Sue Wal... by James Alan Bush

Indiana Board of Pharmacy Formal Complaint - Walgreens_Kroger by James Alan Bush on Scribd

Complaint - Walgreens Kroger Pharmacies by James Alan Bush on Scribd

Motion for Restraining Order and Preliminary Injunction - Walgreens_Kroger_Pharmacies by James Alan Bush on Scribd

Memorandum of Law - Walgreens_Kroger_Pharmacies by James Alan Bush on Scribd

Affidavit - Walgreens_Kroger_Pharmacies by James Alan Bush on Scribd

Proposed Order - Walgreens_Kroger_Pharmacies by James Alan Bush on Scribd

Affidavit - Walgreens_Kroger_Pharmacies by James Alan Bush on Scribd

Complaint - Walgreens Kroger Pharmacies by James Alan Bush on Scribd