NOTICE OF INTENT TO SUE

Saturday, August 26, 2023

New Whiteland Kroger Pharmacy

2200 Independence Drive

Greenwood, IN 46143

Re: Violation of Pharmacy Regulations and Improper Withholding of Prescription

This is a formal noti cation of my intent to pursue legal action against you for
violating pharmacy regulations and state law, particularly, the Indiana
Administrative Code governing pharmaceutical standards and practices.

On or around June 18th, 2023, I presented a valid prescription from Swathi

Janga, M.D. (317-885-2860), a licensed medical professional. Despite the
legitimacy of the prescription, you willfully and without valid justi cation, denied
me the right to obtain the prescribed medication, namely, Oxandrolone 10 MG
Tablet (#4210549).

Such actions are not only a breach of trust but also a direct violation of
pharmacy regulations as outlined under Sec. 380. IC 25-26-13-16 (Concerning
pharmacist for refusal to honor a prescription for certain reasons), which states
that, in relevant part:

(b) A pharmacist has a duty to honor all prescriptions from a practitioner

or from a physician, podiatrist, dentist, advanced practice registered
nurse, physician assistant, or veterinarian licensed under the laws of
another state. Before honoring a prescription, the pharmacist shall
take reasonable steps to determine whether the prescription has
been issued in compliance with the laws of the state where it
originated. The pharmacist is immune from criminal prosecution or

408-307-5762

PHONE

1 2 1 7 S P E N C E R D R I V E G R E E N W O O D I N 4 6 1 4 3 U N I T E D S TAT E S

ADDRESS

JAMESALANBUSH1972+KROGER-PHARMACY@GMAIL.COM

EMAIL
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 civil liability if the pharmacist, in good faith, refuses to honor a
prescription because, in the pharmacist's professional judgment, the
honoring of the prescription would:

(1) be contrary to law;

(2) be against the best interest of the patient;

(3) aid or abet an addiction or habit; or

(4) be contrary to the health and safety of the patient.

For reasons that remain unclear to me, the prescription still has not been
dispensed; moreover, alternatives, such as transferring the prescription to
another pharmacy, have not been exhausted. As you can imagine, this has
raised serious concerns given the potential implications for my health. There
were no exigent circumstances, as you claim, that preclude the transferring of
the prescription to another Kroger pharmacy.

Accordingly, in my pending claim, I will also cite violations that pertain to 1) your
refusal to transfer my prescription to a pharmacy in violation of 856 IAC 1-32-5-
b-1 and 2) for providing a false basis for your refusal to transfer my prescription
in violation of 856 IAC 1-32-2-c.

Improperly withholding a prescription can have signi cant consequences on a

patient’s health and well-being. I realize that pharmacies and pharmacists are
expected to adhere to the highest standards of care and professionalism in their
dealings with patients, but your actions have all but precluded a positive patient
outcome as de ned by 856 IAC 1-30-4.5. Clearly, the prescription medication
that is the subject of this complaint is intended and demonstrated to eliminate
and reduce symptoms, and to arrest and slow the progression of a life-
threatening and otherwise terminal illness (in other words, to improve the
patient’s quality of life).

Unless the matter is resolved to my satisfaction within one week from the date
of receipt of this notice, I will have no choice but to proceed with formal legal
action. This may include seeking damages for any harm caused to me (which is
substantial) and continuing to pursue my complaint already led against you
with the O ce of the Attorney General, Indiana Consumer Protection Division
(Case #11726346), on August 23rd, 2023, and any other relevant regulatory
bodies overseeing pharmacy standards and practices in the State of Indiana.

To avoid unnecessary legal proceedings, I strongly urge you to:

1. A prompt review of the matter and dispensation of the prescription;

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 2. A written clari cation on the reasons behind the delay; and,

3. Assurance that measures will be taken to prevent such occurrences in the

future.

I genuinely hope to resolve this matter without further action. I believe that open
communication can lead to a mutual understanding and a quick resolution.

Regardless, please take this notice seriously. I hope to resolve this matter
amicably, but I am prepared to take all necessary actions to protect my rights
and well-being.

Looking forward to your prompt response.


Warm regards,

cc: Swathi Janga, M.D.


cc: O ce of the Attorney General, Indiana Consumer Protection Division
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