Aggregation supports corporate liability in case against Walmart

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted April 12, 2024 10:39 AM

Count 2 of a civil complaint that accused Walmart of violating the Controlled Substances Act — by “knowingly” filling “ineffective” prescriptions from June 2013 to November 2017 — relied on mashup that combined the conduct of innocent pharmacists with the allegedly culpable knowledge of Walmart’s CSA “compliance team.”The Department of Justice acknowledged that the pharmacists were unaware of any “red flags” when they dispensed medications.But the government contends Walmart violated two sections of the CSA (21 U.S.C. Secs …

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