Store may face closure in opioid claims

The Justice Department is seeking to close a Southwest Side pharmacy accused of ignoring signs of abuse and illegally filling opioid prescriptions.

Jitendra Chaudhary, the pharmacist-in-charge and part owner of Rite-Away Pharmacy and Medical Supply #2, is accused of unlawfully filling controlled substance prescriptions, according to a civil complaint filed Friday in the U.S. District Court for the Western District of Texas.

The complaint alleges that Chaudhary and RiteAway ignored numerous “red flags,” or obvious signs of abuse or diversion, when filling opioid prescriptions. One patient died from toxic effects of fentanyl nine days after Rite-Away filled her prescription for that drug, according to the complaint.

“As pharmacists, the defendants had a legal obligation to ensure controlled substance prescriptions are prescribed for legitimate medical purposes before being sold and distributed to patients,” said Ashley C. Hoff, U.S. attorney for the Western District of Texas. “Their choice to repeatedly ignore signs of abuse and diversion when dispensing opioids is a failure to meet this duty at the expense of patient health. The U.S. Attorney’s Office will use those resources available to stop pharmacies and pharmacists from avoiding their responsibilities amidst the opioid crisis.”

The complaint alleges that by ignoring signs of abuse and diversion, Chaudhary and the pharmacy, located at 2716 S.W. Military Drive, illegally filled controlled substance prescriptions outside the usual course of professional practice and filled prescriptions that were not issued for a legitimate medical purpose, in violation of the Controlled Substances Act.

Both Chaudhary and the pharmacy altered prescriptions that lacked required information in order to make them appear to be in compliance with DEA regulations, the complaint said.

The complaint seeks civil penalties as well as a permanent injunction to prevent further violations.

The DEA’s San Antonio District Office is conducting the ongoing investigation, officials said.