Tuesday, July 16th, 2024

Indiana Board of Pharmacy

402 W. Washington Street, Room W072
Indianapolis, IN 46204

Re: Formal Complaint Against New Whiteland Kroger Pharmacy and

Walgreens Specialty Pharmacy

Dear Indiana Board of Pharmacy,

I, James Alan Bush, hereby file a formal complaint against two

pharmacies for their egregious violations of Indiana pharmacy
laws and regulations:

1. New Whiteland Kroger Pharmacy

2200 Independence Drive
Greenwood, IN 46143

2. Walgreens Specialty Pharmacy

335 Massachusetts Avenue
Indianapolis, IN 46204

Medical Context:

It is crucial to note that the prescriptions in question were

for medications vital to my treatment for late-stage HIV/AIDS.
These medications are essential for managing my condition and
significantly impact my lifespan and quality of life. The refusal
to fill these prescriptions and the subsequent actions of the
pharmacies have put my health at severe risk.

Nature of Complaints:

1. Refusal to Fill Valid Prescriptions:

Both pharmacies refused to fill valid prescriptions issued by
licensed physicians, in violation of IC 25-26-13-16(b). The
prescriptions were for Oxandrolone 10 MG Tablet (#4210549)
from Dr. Swathi Janga and Testosterone Cypionate 200mg/ml
from Dr. Paul Ford, respectively.
 Specifically regarding Kroger Pharmacy:
a. The pharmacist at Kroger refused to fill my prescription
on two separate occasions.
b. After the first refusal, I complained to Kroger Customer
Service, who ordered the pharmacist to fill the
prescription, which they then did.
c. However, when the pharmacist refused a second time a few
months later, Kroger Customer Service failed to intervene
despite my repeated calls and letters.
d. Kroger also ignored my subsequent letter of intent to
sue, demonstrating a pattern of negligence and disregard
for patient care.

2. Failure to Transfer Prescriptions:

Both pharmacies refused to transfer the prescriptions to
other pharmacies, violating 856 IAC 1-32-5-b-1.

3. Providing False Information:

Both pharmacies provided false bases for their refusal to
transfer prescriptions, violating 856 IAC 1-32-2-c.

4. Violation of Duty of Care:

The pharmacies’ actions demonstrate a clear violation
of their duty of care as outlined in 856 IAC 1-30-4.5,
particularly in failing to promote positive patient outcomes
and improve quality of life.

5. Withholding Prescription:
Walgreens Specialty Pharmacy withheld the physical
prescription, preventing me from taking it to another
pharmacy.

6. Misrepresentation of Medication Availability:

Kroger Pharmacy continuously misrepresented the availability
of the prescribed medication. This misrepresentation
occurred multiple times, including during the second refusal
incident when Kroger Customer Service failed to intervene.

7. Failure to Provide Justification:

Both pharmacies failed to provide clear, justifiable reasons
for their refusal to fill or transfer the prescriptions.

8. Retaliatory Action:
The pharmacist at Walgreens Specialty Pharmacy engaged
in retaliatory action by reporting my California-based
 physician, Dr. Paul Ford, to the California State Medical
Board after I vocalized my complaint about their refusal
to fill or return my prescription. This report resulted
in a baseless inquiry against my physician. Such action
appears to be a clear case of retaliation and abuse of
professional power, potentially violating ethical standards
and regulations governing pharmacy practice.

9. Pattern of Negligence and Unresponsiveness (New):

Kroger Pharmacy has demonstrated a pattern of negligence and
unresponsiveness to patient concerns. This is evidenced by:
a. The repeated refusals to fill a valid prescription
b. The failure of Kroger Customer Service to intervene in
the second refusal incident, despite their previous
intervention
c. Ignoring repeated calls and letters regarding the second
refusal incident
d. Failing to respond to a formal letter of intent to sue

These actions have caused significant and potentially

life-threatening harm to my health and well-being. The
medications in question are crucial for managing late-stage
HIV/AIDS, a condition where consistent medication is vital
for survival and quality of life. The pharmacies’ refusal
to fill or transfer these prescriptions has jeopardized my
treatment plan and has led (and will continue to lead) to
severe health complications.

These actions have caused significant and potentially life-

threatening harm to my health and well-being. The medications
in question are crucial for managing late-stage HIV/AIDS, a
condition where consistent medication is vital for survival and
quality of life. The pharmacies’ refusal to fill or transfer these
prescriptions has jeopardized my treatment plan and has lead (and
will continue to lead) to severe health complications.

I have already filed complaints with the Indiana Consumer

Protection Division:

• File # 23-CP-100824 against Kroger Pharmacy on August 23,

2023
• Case #11726956 against Walgreens Specialty Pharmacy on
August 29, 2023

I respectfully request that the Board investigate these

violations and take appropriate disciplinary action against
the pharmacies and individual pharmacists involved. I am
prepared to provide any additional information or documentation
required for your investigation. Given the critical nature of
these medications for my late-stage HIV/AIDS treatment, I urge
the Board to treat this matter with the utmost urgency and
seriousness.

Sincerely,

James Alan Bush

6140 Madison Avenue
Indianapolis, Indiana 46227
408-307-5762
jamesalanbush1972@gmail.com

Attachments:
1. Notice of Intent to Sue - New Whiteland Kroger Pharmacy
2. Notice of Intent to Sue - Walgreens Specialty Pharmacy