Watchwoman on the Wall

Watchwoman on the Wall


Woman Jailed For Trying To Fill A Prescription

posted by Donna Calvin

By Susy Solis, CBS 11 News -May 4, 2012 10:00 PM

Ann Lenhart on Crutches

DALLAS (CBSDFW.COM) - Anne Lenhart never thought filling a prescription at CVS Pharmacy in Dallas could land her in jail.

The avid yoga practicer raised more $20,000 for Off the Mat, Into the World Global Seva Challenge. OTM is an organization that was founded by Seane Corn, Hali Kouri, and Suzanne Sterling as a way to take the ideas of yoga and translate them into action.

This year OTM was heading to Haiti for a service mission in which they bought and installed lights, worked at Haiti’s tent cities and various other projects.

On their off time, Lenhart and her group headed the Haitian city of Jacmel, a mountainous region with waterfalls and beautiful natural pools.

That’s where the trouble began. Lenhart had waded in the water beneath  the waterfall, then climbed up some 30 feet onto a cliff overlooking the water.

“I decided I was ready to come down off the waterfall and it was then that I slipped and I hit an outcropping about 10 feet down and then from there fall another 20 feet into the water,” Lenhart said. The water saved her life but she shattered her kneecap on the way down.

With the help of several men, Lenhart climbed out of the area and after a 3 1/2 hour trip to the nearest hospital in Port-Au-Prince, she underwent reconstructive surgery with no general anesthesia.

A week later she was flown back to the U.S., still in deep pain, and admitted into Baylor Medical Center in Dallas.

“They gave me a pretty high, heavy duty narcotic, Norco, as a painkiller going forward and I had used that up. It had been a month and I had called for my refill,” Lenhart said.

The pharmacy called Lenhart to ask her exactly what time she would be in pick up her prescription. She thought it was odd, but told the pharmacy what time she would be there.

Still on crutches and unable to drive, a friend of Lenhart’s, drove her to a CVS Pharmacy in Oak Cliff.

She wasn’t able to pick up her prescription because a police officer arrived to pick her up.

“He was like ‘we need to go outside,’” she said. “I was on crutches and I had a permanent IV line in my arm. I had a big leg brace. I asked him if it was necessary and he said yes and he rather policingly escorted me out the front door and into the back of a waiting patrol car.”

Lenhart was so stunned, she didn’t think to ask the officer questions. The officer explained to her what was going on.

“He said, ‘Well we believe that you have forged your pain pill prescription and we are calling your doctor now. But I’ve worked with this pharmacist a number of times and he’s never made a mistake,” Lenhart said.

The officer then took her the Dallas County jail, where she remained overnight.  After she was released on bond, she was charged with obtaining a controlled substance by fraud, a felony.

“I couldn’t go back to work until HR had received the paperwork that this was a mistake from my attorney,” she said.

Dallas police later dropped the charges after speaking with Lenhart’s doctor. The Dallas Police Department declined to talk to CBS11 about Lenhart’s arrest.

Now she is suing CVS Pharmacy for False Imprisonment, Defamation and more.  Her attorney, Jeff Benton, said her arrest could have been prevented had proper procedures been followed.

“Every doctor that prescribes a narcotic had a DEA number that’s unique to them and if that is cross referenced and the correct doctor is contacted then I don’t imagine that this type of thing would happen,” Benton said. “We suspect the wrong doctor was contacted because they didn’t cross reference the DEA number.”

Everyday pharmacies fill millions of prescriptions for controlled substances. Those drugs are monitored by the DEA.

Lenhart’s doctor confirmed in an affidavit that he wrote the prescription for her and that he never received a call from CVS asking to confirm the prescription. Benton thinks the pharmacy may have called the wrong physician.

A representative from CVS Pharmacy said, “We are investigating how this unfortunate incident occurred and we are working to resolve the matter with Ms. Lenhart and her attorney. As this involves pending litigation, we are unable to provide additional comments at this time.”

“I would love to think that they would actually write me a letter that says ‘I am sorry that this happened to you,’” Lenhart said.

But even more than an apology, Lenhart wants to make sure that this never happens to another patient in pain.

“I don’t want somebody else. I don’t want somebody who I love to go there and get arrested,” she said.

Read More: http://dfw.cbslocal.com/2012/05/04/woman-jailed-for-trying-to-fill-a-prescription/



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Posted by Donna Calvin — Saturday, May 5, 2012

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Comments read comments(5)
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Not a CVS Customer

posted May 20, 2012 at 11:12 pm


This story does not surprise me because CVS has been the subject of narcotic prescription filling in the state of Florida Especially Oxycodone. Several CVS stores were raided by DEA. I am not surprised that CVS would do this to a customer in pain.



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Linda Albert

posted May 17, 2012 at 12:01 pm


Don’t you think it should have been obvious to the police officer that she might have had a legitimate reason for the pain killer? His attitude should have been “There must have been a mistake made somewhere, let’s see if we can clear it up. Call the doctor; recheck the DEA number.” Oh no he has to be all huffy and drag her off to the lockup and file charges. She’s lucky she got her record cleared. The attitude of law enforcement in almost every city and county is “We never make mistakes, we can do no wrong and everyone is guilty until proven innocent and maybe not even then.”



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Jeff

posted May 15, 2012 at 1:22 pm


My question is did the pharmacist call to confirm this prescription or was the pharmacist covered up with work he/she delegated the phone call to an incompetent technician who called the wrong dr. Technicians know about cross referencing DEA numbers for Dr’s when they input prescriptions into the computer for the pharmacist to check. I am very sorry this had to happen to Ms Lenhart. I truly hope the truth is told about who actually contacted the wrong prescriber.



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AceMan

posted May 15, 2012 at 9:20 am


That Pharmacist needs to be held accountable for his actions. I know what it’s like to be in pain and for him to do this to that poor worman is just unacceptable. I know that there are a lot of dishonest people out there that try to obtain drugs illegally, but this Pharmacist should have done a better job.

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