California Appellate Tracker

Bradley v. CVS Pharmacy, Inc. (2021)

June 4, 2021

Plaintiff is a medical doctor specializing in pain management. CVS, a pharmacy, informed him it would no longer fill his patients’ prescriptions, citing conerns he was over-prescribing controlled substances. Plaintiff sued for an injunction directing CVS to fill his prescriptions. Held, injunction properly denied. The State Board of Pharmacy has primary jurisdiction over the issues in this litigation. It enforces B&P Code 733 which bars a pharmcist from obstructing a patient from obtaining a prescription drug legally prescribed for the patient, but it also responsibility for remedying unprofessional behavior of its licensees, such as the furnishing of clearly excessive amounts of controlled substances. Striking the right balance between the two was within the Board’s authority and expertise to which courts should defer.

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Bradley v. CVS Pharmacy, Inc. (2021)

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