DEA Action Enjoined
On or about November 13, 2014, DEA Diversion Investigators entered RS Coumpounding d/b/a Westchase Pharmacy and advised its DEA registration was terminated and seized all of the controlled substances inventory. This was done without the benefit of notice or due process, and in conflict with the DEA's stated guidance to its diversion investigators as set forth in the DEA Diversion Investigators Manual.
Westchase Pharmacy filed its Federal court action on Monday, November 17, 2014 seeking injunctive relief as well as other remedies. A hearing was set immediately before Magistrate Scriven. The DEA produced no evidence to support its position and the witnesses it called were ill prepared to respond to questions from the Court or counsel for Westchase Pharmacy. Especially glaring was the Investigator's inability to assuer the Court the seized drugs had been maintained in an appropriately refridgerated or air-conditioned environment.
The Magistrate imposed a temporary injunction, finding that Westchase had demonstrated a likelihood od success on the merits; irreparable injury and the injunction was consistent with public policy requiring notice and the opportunity to contest the actions of the DEA.