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Walgreens COBRA class action overview:
- Who: A group of former Walgreens employees are suing the company.
- Why: The plaintiffs say Walgreens intentionally sent them confusing information about their insurance continuation rights under the federal COBRA law.
- Where: The Walgreens COBRA class action lawsuit was filed in a Florida federal court.
Walgreens purposely sent former employees “haphazard and piece-meal” information about their rights to continued insurance coverage under the federal COBRA law to save itself money, a new class action lawsuit alleges.
Plaintiffs Karimah Bryant,Joshua Flanary, Dieuniphere Decly and Telisa Whaley filed the class action complaint against Walgreen Co. on Nov. 30 in a Florida federal court, alleging violations of the Employee Retirement Income Security Act (ERISA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA).
According to the lawsuit, Walgreens failed to provide them and others with a COBRA notice that complies with the law, clearly informing them of their rights to continued insurance coverage after termination of their employment.
“Despite having access to the Department of Labor’s Model COBRA form, Walgreens chose not to use the model form — presumably to save Walgreens money by pushing terminated employees away from electing COBRA,” the plaintiffs allege.
Walgreens sent letters with missing information, lawsuit alleges
Congress enacted COBRA in 1986 as a result of the reports of the growing number of Americans without any health insurance coverage, the lawsuit states.
The purpose behind its notice requirements is to facilitate and assist individuals in electing continuation coverage should they so choose, the plaintiffs say.
However, instead of sending a single COBRA notice “written in a manner calculated to be understood by the average plan participant,” to save money, Walgreens instead opted to break the information into multiple documents, mailed separately under different covers, containing “bits and pieces of information on COBRA,” both of which are missing critical information, the plaintiffs allege.
They say the first COBRA notice fails to include an address indicating where COBRA payments should be mailed. “It also fails to explain how to actually enroll in COBRA, nor does it bother including a physical election form,” the lawsuit alleges.
A second notice sent contains some but not all of the required information, the lawsuit states.
The deficient COBRA notices confused and misled the plaintiffs and caused them economic injuries in the form of lost health insurance, as well as informational injuries, they say.
They’re seeking to represent all participants and beneficiaries in the Walgreens health plan who were sent a COBRA notice by the company and did not elect continuation coverage. The plaintiffs seek reinstatement of their right to coverage, damages, fees and costs.
Walgreens is also facing a class action lawsuit from an Illinois resident who claims the company allegedly misleads customers into thinking that its hydrogen peroxide product can safely be used for treating cuts and scrapes.
Have you had confusing letters regarding your COBRA entitlements? Let us know in the comments.
The plaintiffs are represented by Brandon J. Hill, Luis A. Cabassa and Amanda E. Heystek of Wenzel Fenton Cabassa, P.A.
The Walgreens class action lawsuit is Karima Bryant, et al. v. Walgreen Co., Case No. 8:22-cv-02732-SCB-MRM, in the U.S. District Court for the Middle District of Florida, Tampa Division.
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4 thoughts onWalgreens class action claims company fails to provide legal COBRA notices
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Walgreens first signed me up for Cobra after being separated from the company at the end of September 2022. I was under Cobra for coverage for the last three months of the year. In November, open enrollment opened to sign up for the following calendar year benefits for 2023. According to the Walgreens paperwork, my code had changed from Cobra to being a designated retiree team member, and I charged for a flex spending account for 2023. Charges occurred for October, November, and December, an amount of $187.88/month for a flex spending account for three months. WHICH is no longer a financial benefit to me? Not sure of the intentions and could never get an accurate response from Benefits Support, except have another ticket issued and not answered. After calling fifteen times and numerous tickets were assigned but never answered. Then in December 2022, I received a statement that they would be withdrawing $682 out of my account in January 2023 to cover my retirement account, which included issues from 2022 that were unresolved and that no explanation from Benefits Support or feedback. Just corporate individuals who could care less stated that I owed this amount and needed to pay in full within a specific time frame. No help, no care, pass the buck, and we will get back to having a representative call you to let you know what decision would be determined to rectify for your account, which I never hear back a resolution.
Hi I was wondering if there are currently any lawsuits against PREDUE PHARMA for tooth decay in long term Suboxone/ Subutex patients? I am aware the FDA just passed a warning that it can be directly linked to tooth decay and loss. I have records for when I first started taking the medication and then fast forward to now. The damage is horrific and I really desperately need them fixed. Thanks for looking into this for me, I look forward to hearing from you.
Sabrina Felix