The opioid crisis has devastated communities across North America, leaving a trail of addiction, loss, and systemic failures in its wake. A recent landmark settlement in the United States involving Walgreens underscores the critical role that healthcare providers and institutions play in this epidemic. For Canadians, this case offers valuable insights into the potential for accountability and justice through medical malpractice claims.
The U.S. Walgreens Settlement
In April 2025, Walgreens Boots Alliance, Walgreens Co. and various subsidiaries agreed to pay up to $350 million to settle allegations by the U.S. Department of Justice (DOJ) that it illegally filled millions of opioid prescriptions and submitted false claims to federal healthcare programs. The DOJ accused Walgreens of violating the Controlled Substances Act and the False Claims Act by dispensing opioids without proper verification and billing Medicare and other programs for these prescriptions.
The settlement includes an immediate payment of $300 million, with an additional $50 million contingent upon any sale or merger of the company before 2032. Despite denying liability, Walgreens agreed to the settlement to resolve all opioid-related litigation with federal, state, and local governments.
Canada’s Opioid Crisis
Though the Walgreens case is American, Canada is not immune to the opioid epidemic. The crisis has hit Canadian provinces with alarming force.
According to the Government of Canada, from January 2016 to September 2024, more than 50,000 apparent opioid toxicity deaths were recorded across the country. Fentanyl and other synthetic opioids have significantly worsened the crisis, but the origins of the epidemic trace back to overprescribing and misinformation around the safety of medications like OxyContin.
Multiple Canadian jurisdictions have taken legal action against opioid manufacturers and distributors. British Columbia launched the first class-action lawsuit on behalf of all provinces and territories against companies that allegedly misrepresented the addictive potential of opioids. Alberta joined the litigation in 2019, seeking to recoup the healthcare costs associated with the crisis.
Implications for Medical Malpractice and Opioid Prescribing
The Walgreens case highlights the potential consequences for healthcare providers and institutions that fail to adhere to proper prescribing practices. In the context of medical malpractice, several key issues emerge:
- Overprescription of Opioids: Prescribing opioids in quantities or dosages that exceed medical necessity can lead to addiction and overdose.
- Failure to Monitor Patients: Neglecting to monitor patients for signs of dependency or misuse increases the risk of harm.
- Ignoring Red Flags: Dispensing opioids despite clear indicators of potential abuse or diversion constitutes a breach of professional duty.
These actions can form the basis of medical malpractice claims, holding providers accountable for the harm caused by negligent prescribing.
Canadians Suing for Opioid-Related Harm
Depending on the circumstances, individuals in Canada can bring medical malpractice or negligence claims against doctors, pharmacists, and potentially pharmaceutical companies. While public litigation may help governments recover money, private civil suits are the primary way for individuals to obtain compensation for personal losses.
1. Claims Against Physicians
Doctors have a legal and ethical obligation to prescribe medications responsibly. A physician may be found to have breached the standard of care if they failed to:
- Consider a patient’s medical history;
- Warn of addiction risks;
- Monitor ongoing opioid use; or
- Explore non-opioid alternatives.
If this negligence contributed to addiction, overdose, or death, the doctor could be liable for damages.
2. Claims Against Pharmacies
Pharmacists are not simply dispensers, but are trained healthcare professionals who have a duty to evaluate prescriptions for accuracy, safety, and legitimacy. A pharmacy could be liable if it:
- Failed to identify “red flag” prescriptions;
- Refilled suspicious quantities of opioids over time;
- Did not intervene when a pattern of misuse became evident.
The Walgreens case demonstrates that even massive chains can be held accountable for failing to act.
What Damages Can Be Claimed?
In Alberta and across Canada, successful plaintiffs in medical malpractice or negligence claims may be entitled to several forms of compensation:
- General Damages: For pain and suffering, loss of quality of life, and emotional distress.
- Special Damages: For specific financial losses, such as medical expenses, rehabilitation costs, and lost wages.
- Loss of Earning Capacity: If the victim cannot return to work due to addiction-related disability or death.
- Wrongful Death Damages: If a loved one died due to negligent opioid prescribing, their family may be entitled to compensation for funeral expenses, loss of companionship, and more.
Challenges in Bringing an Opioid-Related Claim
While these claims are possible, they can also be complex. Medical malpractice cases require expert evidence, detailed medical records, and proof that the provider’s actions fell below a reasonable standard of care. Specific challenges include:
- Causation: Proving that a particular provider’s negligence directly caused opioid addiction can be difficult, especially if multiple providers were involved.
- Delay in Onset: Addiction may not manifest until months or years after treatment, complicating the timeline of events.
- Stigma and Blame: Victims of addiction may feel ashamed or fear judgment, making it emotionally taxing to pursue legal action.
This is why working with an experienced personal injury lawyer is so critical. Legal professionals can help gather evidence, consult experts, and navigate procedural requirements.
Proactive Steps for Potential Plaintiffs
If you or a loved one has been affected by opioid addiction and believe it resulted from negligent medical treatment, here are steps you can take:
- Obtain Your Medical Records: Request records from doctors, hospitals, and pharmacies that prescribed or dispensed opioids.
- Document Your History: Create a detailed timeline of prescriptions, symptoms, hospital visits, and conversations with healthcare providers.
- Track Expenses: Keep a log of any medical costs, lost wages, and out-of-pocket expenses related to your condition.
- Speak to a Lawyer: A knowledgeable personal injury lawyer can help you understand your rights, your options, and whether you have grounds for a claim.
A Path to Accountability and Healing
The Walgreens settlement may feel far removed from Canada’s legal landscape, but it sends a powerful message: corporations and healthcare professionals can and should be held accountable for their role in the opioid crisis.
In Alberta, individuals harmed by negligent prescribing or dispensing of opioids have legal options, and asserting those rights can lead not only to personal compensation but also to broader awareness and systemic change.
No amount of money can undo the damage caused by addiction or the loss of a loved one, but holding those responsible accountable can be an essential step in the healing process. By pursuing justice, victims can reclaim their voice, highlight flaws in the healthcare system, and help prevent others from suffering similar harm.
Cuming & Gillespie LLP: Advocating for Patients in Medical Malpractice Claims Across Alberta and Canada
If you or someone you love has suffered due to opioid addiction or overdose, and you believe that negligence was involved, the team at Cuming & Gillespie LLP can help. Our dynamic medical malpractice lawyers have extensive experience handling complex medical malpractice and pharmaceutical liability claims. We provide honest, informed evaluations to help you determine whether moving forward with a claim is the right choice. If we proceed, we will cover all upfront costs to thoroughly investigate your injuries, obtain and analyze your medical records, consult leading medical experts across North America, and build a strong, evidence-based case on your behalf.
Based in Calgary, Cuming & Gillespie LLP proudly advocates for clients across Alberta and Canada. To schedule a free consultation, call us at 403-571-0555 or contact us online.