Winnipeg Free Press (Newspaper) - December 23, 2020, Winnipeg, Manitoba
C M Y K PAGE B7
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TORONTO - Gains in the technology
sector helped lift Canada's main stock
index to a positive close as U.S. mar-
kets were mixed and the Canadian dol-
lar lost ground against the American
greenback on Tuesday.
North American markets returned
to a more typical low-volume Christ-
mas week activity level after Monday's
"overblown" reaction to news of a new
strain of the coronavirus in the United
Kingdom, said Craig Jerusalim, senior
portfolio manager at CIBC Asset Man-
agement.
Investors appeared to take some com-
fort from suggestions that while the
new strain may be more readily trans-
mitted, it may not be more deadly and
vaccines may still be effective, he said.
The S&P/TSX composite index closed
up 51.57 points at 17,552.46 after falling
33.74 points on Monday.
"(What's) probably affecting Can-
ada the most is the U.S. dollar - the
trade-weighted U.S. dollar reversed
its trend and it's up today. That's going
to be negatively impacting all sorts of
materials, which does impact the TSX,"
said Jerusalim.
"As the U.S. dollar had been weak-
ening, the Canadian dollar had been
strengthening. The last couple of days'
reversal on the U.S. dollar is really that
flight to safety, the unbridled fears of
different strains of the virus and the
tighter lockdown in the U.K."
The Canadian dollar traded for 77.47
cents US compared with 77.83 cents US
on Monday.
Stocks drifted in mixed trading on
Wall Street after Congress finally ap-
proved a US$900-billion rescue pack-
age to carry the economy through the
winter.
After months of bickering, Congress
approved a deal on Monday night to
send US$600 cash payments to most
Americans, give US$300 per week to
laid-off workers and deliver other aid to
businesses struggling under the weight
of the pandemic.
In New York, the Dow Jones indus-
trial average was down 200.94 points
at 30,015.51. The S&P 500 index was
down 7.66 points at 3,687.26, while the
Nasdaq composite was up 65.40 points
at 12,807.92.
A report that Apple is targeting 2024
to produce a passenger vehicle that
could include its own breakthrough bat-
tery technology prompted more losses
for electric vehicle maker Tesla Inc.
on its second day of trading on the S&P
500, but helped bump up the shares of a
Canadian company.
Magna International Inc. rose 4.7 per
cent to $85.67 on speculation it could be
a potential assembly partner to Apple,
said Jerusalim.
In Toronto, software companies
propelled the information technology
sector to a 4.22 per cent rise, with
Lightspeed POS Inc. riding a posi-
tive stock rating upgrade to close at
$86.65, an $8.93 or 11.5 per cent in-
crease.
Shopify Inc. jumped 7.27 per cent to
$1,649.23 and Constellation Software
rose 4.63 per cent to $1,773.76.
Energy was off by 1.7 per cent, led by
Enerplus Corp., down 5.3 per cent, and
Vermilion Energy Inc., down 4.5 per
cent.
- The Canadian Press
Tech sector boosts TSX as Lightspeed climbs, U.S. markets mixed
W ASHINGTON - The U.S. Jus-tice Department sued Walmart on Tuesday, accusing it of fuel-
ling the nation's opioid crisis by pres-
suring its pharmacies to fill even pot-
entially suspicious prescriptions for the
powerful painkillers.
The civil complaint filed points to
the role Walmart's pharmacies may
have played in the crisis by filling opi-
oid prescriptions and Walmart's own
responsibility for the allegedly illegal
distribution of controlled substances to
the pharmacies at the height of the opi-
oid crisis. Walmart operates more than
5,000 pharmacies in its stores around
the country.
The Justice Department alleges
Walmart violated federal law by sell-
ing thousands of prescriptions for
controlled substances that its pharma-
cists "knew were invalid," said Jeffrey
Clark, the acting assistant attorney
general in charge of the Justice Depart-
ment's civil division.
Federal law required Walmart to spot
suspicious orders for controlled sub-
stances and report those to the Drug
Enforcement Administration, but pros-
ecutors charge the company didn't do
that.
"Walmart knew that its distribution
centres were using an inadequate sys-
tem for detecting and reporting suspi-
cious orders," said Jason Dunn, the U.S.
attorney in Colorado. "For years, Wal-
mart reported virtually no suspicious
orders at all. In other words, Walmart's
pharmacies ordered opioids in a way
that went essentially unmonitored and
unregulated."
The 160-page suit alleges Walmart
made it difficult for its pharmacists
to follow the rules, putting "enormous
pressure" on them to fill a high volume
of prescriptions as fast as possible,
while at the same time denying them
the authority to categorically refuse to
fill prescriptions issued by prescribers
the pharmacists knew were continually
issuing invalid prescriptions.
The suit highlighted alleged problems
in Walmart's compliance department,
which oversaw the dispensing nation-
wide of controlled substance prescrip-
tions. In particular, even after Walmart
pharmacists informed the compliance
unit about "pill-mill" prescribers whose
practices raised egregious red flags,
Walmart allegedly continued to fill in-
valid prescriptions issued by those pre-
scribers, according to the suit. The suit
said only later did Walmart allow phar-
macists to do blanket refusals for these
suspect practices.
Walmart fought back in an emailed
statement to The Associated Press,
saying the Justice Department's inves-
tigation is "tainted by historical ethics
violations." It said the "lawsuit invents
a legal theory that unlawfully forces
pharmacists to come between patients
and their doctors, and is riddled with
factual inaccuracies and cherry-picked
documents taken out of context."
Walmart noted it always empowered
its pharmacists to refuse to fill prob-
lematic opioids prescriptions, and said
they refused to fill hundreds of thou-
sands of such prescriptions. Walmart
also noted it sent the Drug Enforce-
ment Administration tens of thousands
of investigative leads, and it blocked
thousands of questionable doctors from
having their opioid prescriptions filled
at its pharmacies.
In a corporate blog post published
late Tuesday, Walmart argued many
health regulators, medical groups, doc-
tors and patients criticize the company
for going too far in refusing to fill opioid
prescriptions. Some even say Walmart
is improperly interfering in the doctor-
patient relationship, the company said.
AP reported the news of the lawsuit
ahead of the Justice Department's public
announcement, citing a person who could
not discuss the matter publicly before the
announced move. The person spoke to
the AP on condition of anonymity.
Walmart filed its own pre-emptive
suit against the Justice Department,
Attorney General William Barr and
the Drug Enforcement Administration
nearly two months ago.
In its lawsuit, Walmart said the Jus-
tice Department's investigation -
launched in 2016 - had identified hun-
dreds of doctors who wrote problematic
prescriptions that Walmart's pharma-
cists should not have filled. But the
lawsuit charged that nearly 70 per cent
of the doctors still have active registra-
tions with the DEA.
"Blaming pharmacists for not
second-guessing the very doctors the
Drug Enforcement Administration
(DEA) approved to prescribe opioids
is a transparent attempt to shift blame
from DEA's well-documented failures
in keeping bad doctors from prescrib-
ing opioids in the first place," the com-
pany said in its statement.
Walmart's lawsuit alleged the gov-
ernment was blaming it for the lack of
regulatory and enforcement policies to
stem the crisis. The company is asking
a federal judge to declare that the gov-
ernment's suit has no basis to seek civil
damages. That suit remains ongoing.
The initial investigation was the sub-
ject of a ProPublica story published in
March. ProPublica reported that Joe
Brown, then U.S. attorney for the East-
ern District of Texas office, spent years
pursuing a criminal case against Wal-
mart for its opioid prescription prac-
tices, only to have it stymied after the
retail giant's lawyers appealed to senior
officials in the Justice Department.
Two months later, Brown resigned.
He didn't give a reason for his depar-
ture except to say he would be "pur-
suing opportunities in the private and
public sectors." Brown went into pri-
vate practice in the Dallas area.
- The Associated Press
Walmart sued over alleged role in opioid crisis
MICHAEL BALSAMO
AND ANNE D'INNOCENZIO
GERRY BROOME / THE ASSOCIATED PRESS FILES
The suit high-
lighted alleged
problems in
Walmart's compli-
ance department,
which oversaw
the dispensing
nationwide of con-
trolled substance
prescriptions.
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