The U.S. District Court for the District of Alaska granted Bernie’s Pharmacy, Inc. motion for preliminary injunction, enjoining AmerisourceBergen Drug Corp. from terminating the supply of controlled substances to Bernie’s.
(Aug. 27, 2018) -- The U.S. District Court for the District of Alaska granted Bernie’s Pharmacy, Inc. motion for preliminary injunction, enjoining AmerisourceBergen Drug Corp. from terminating the supply of controlled substances to Bernie’s. The Order, issued Friday, August 24, enforces the injunction until November 30, 2018, or until Bernie’s obtains an alternate source of controlled substances, whichever is sooner.
Bernie’s, an independent pharmacy in Anchorage, Alaska, supplies patients with prescription medications, including opioids. Bernie’s sought injunctive relief after AmerisourceBergen’s decision to stop supply of certain prescription medications, violating terms of its prime vendor agreement with the pharmacy, which is valid through November 30.
“Bernie’s is very pleased with the District Court’s decision to require AmerisourceBergen to continue providing opioid prescriptions and other controlled medicines to the pharmacy through the term of their agreement. AmerisourceBergen’s decision to halt shipping controlled medications to Bernie’s was not based on merit,” said Anthony J. Calamunci, lead trial attorney for Bernie’s. Mr. Calamunci, a partner with FisherBroyles, focuses his practice on healthcare and pharmacy litigation.
