Greensboro Reporter

A federal court has mandated an Elkin, North Carolina pharmacy to pay a $500,000 penalty and has prohibited the pharmacy and its pharmacists from dispensing controlled substances without ensuring that the drugs will not be abused or diverted. This decision comes as part of a consent decree that resolves a complaint filed by the United States on November 27.

The complaint alleged that Elk Pharmacy Inc., owned by Larry Irwin, along with pharmacists Susan Baker, S. Jason Couch, Beth Pence, and Lori Wyble, violated the Controlled Substances Act (CSA) by filling prescriptions despite numerous "red flags." These included indications of drug abuse and diversion, such as filling dangerous combination prescriptions and high-dose opioids beyond recommended limits.

Principal Deputy Assistant Attorney General Brian Boynton emphasized the responsibility of pharmacists to protect consumers from controlled substance abuse. "Pharmacists have a duty to help protect consumers from the life-threatening dangers of controlled substance abuse," he stated.

U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina reiterated this responsibility: “Pharmacists are trained professionals who cannot simply rubber-stamp doctors’ prescriptions.”

DEA Special Agent in Charge Robert J. Murphy highlighted the shared responsibility between pharmacists and prescribing practitioners to ensure prescriptions serve legitimate medical purposes.

The defendants have agreed to settle the lawsuit under a consent decree of permanent injunction issued by U.S. District Judge Thomas D. Schroeder for the Middle District of North Carolina. This injunction prevents them from filling certain "red flag" prescriptions without proper documentation justifying them.

The case was represented by Senior Litigation Counsel Donald R. Lorenzen and Assistant U.S. Attorney Cassie Crawford with support from DEA Diversion Investigator Heidi Crater and Intelligence Analyst William J. Morris.

For further details on enforcement efforts by the Consumer Protection Branch, visit www.justice.gov/civil/consumer-protection-branch.

It is important to note that these claims are allegations only, with no determination of liability made at this time.