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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116716
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I own a small pharmacy specializing in pain management. We

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I own a small pharmacy specializing in pain management. We proudly do things the right way and have won awards and recognition for our protocols that screen out abusers and help legitimate patients. Because of our specialty, we sell a much higher percentage of controlled substances than the average pharmacy. Our primary wholesale supplier is McKesson Pharmaceutical. Under pressure from the DEA, McKesson abruptly cut off our supply of all controlled substances two weeks ago. Keep in mind this cut off is not based on bad behavior or suspicious activity. We were inspected by the DEA and The State Board of Pharmacy less than 60 days prior and they were satisfied with our work. Our patients must now try to find other pharmacies and some can't. We have already had one patient put on hospice and warned other patients' doctors about suicide risk. A McKesson attorney just recommended a few other chain pharmacies to a patient today. BotXXXXX XXXXXne: McKesson will allow these patients to purchase medication from their other pharmacy accounts, but not ours.
Is this restraint of trade? Do I have a case for lost revenue? Can my patients sue for damages?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This conduct would likely be considered an anti-trust violation under the Sherman Anti-Trust Act, since McKesson is attempting to control the market and prohibiting or chilling the market for you to trade in. Since there is no legal violation, DEA has no cause to stick their nose in, this is something the manufacturer/supplier is taking on themselves to do this and you can pursue them, but because you are a business you are going to have to engage a local anti-trust attorney to do so.

Your patients really do not have the claim, as they can get prescriptions filled at other businesses, it is your claim to make against the company.

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