GoodRx, CVS, others conspire to suppress reimbursement rates, increase fees, class action claims

GoodRx class action lawsuit overview: 

• Who: Independent pharmacy Esco Drug Co. filed a class action lawsuit against GoodRx Inc., CVS Caremark Corporation and a trio of other pharmacy benefit managers. 
• Why: Esco Drug claims GoodRx and the pharmacy benefits managers conspired to artificially suppress prescription drug reimbursement rates paid to independent pharmacies and increase fees charged to pharmacies on all GoodRx-related transactions. 
• Where: The class action lawsuit was filed in California federal court. 

Healthcare company GoodRx conspires with CVS and other pharmacy benefit managers (PBMs) to artificially suppress prescription drug reimbursement rates paid to independent pharmacies and increase fees charged to pharmacies on all GoodRx-related transactions, a new class action lawsuit alleges. 

Independent pharmacy Esco Drug Co. claims GoodRx, CVS, MedImpact, Navitus and Express Scripts caused harm to independent pharmacies throughout the U.S. with the alleged scheme, dubbed the Integrated Savings Program. 

Esco Drug alleges GoodRx, CVS, MedImpact, Navitus and Express Scripts illegally “collaborate by sharing competitively sensitive and proprietary pricing data for generic prescription drugs sold at retail.”

“Nationwide, close to two-thirds of all prescriptions filled in the United States are processed through one of the four PBM Defendants. Losing access to patients affiliated with one or more PBMs could cost an independent pharmacy its business,” the GoodRx class action says. 

Esco Drug wants to represent a nationwide class of U.S. pharmacies that were reimbursed for generic prescription medication pursuant to the GoodRx Integrated Savings Program during the relevant statutory period, or until the alleged misconduct ceases. 

GoodRx algorithm integrates operations with CVS, others, class action says

Esco Drug claims the GoodRx Integrated Savings Program — which was announced by the company on or about Nov. 8, 2022 — also called for the PBMs to agree to integrate their options using GoodRx’s algorithm, which dictates rebates and reimbursement rates to pharmacies for generic prescription medications. 

“In this manner, GoodRx integrated its algorithm and real-time pricing information from various PBM competitors directly into Caremark’s, Express Scripts’, MedImpact’s, and Navitus’s prescription reimbursement infrastructure,” the GoodRx class action says. 

Esco Drug claims GoodRx and the PBMs are violating Section 1 of the Sherman Antitrust Act. The company demands a jury trial and an award of treble damages for themselves and all class members. 

A separate class action lawsuit was filed against GoodRx last year over claims the company allowed Meta, Google and Criteo to spy on its customers without permission. 

Have you been reimbursed for generic prescription medication pursuant to the GoodRx Integrated Savings Program? Let us know in the comments.

The plaintiffs are represented by Hung G. Ta and Alexander H. Hu of HGT Law and Peter Safirstein of Safirstein Law LLC. 

The GoodRx class action lawsuit is Esco Drug Co., et al. v. GoodRx Inc., et al., Case No. 2:24-cv-10543, in the U.S. District Court for the Central District of California.

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