Express Scripts class action overview:
- Who: Express Scripts is facing a class-action lawsuit over accusations it worked to fix prices on pharmaceutical reimbursement rates.
- Why: Express Scripts is accused of using its market power to gain favorable reimbursement rates that it then shared with other companies for a fee.
- Where: The Express Scripts class action was filed in federal court in Washington.
Express Scripts is facing a class-action lawsuit claiming that the company used its market power to leverage favorable pharmaceutical reimbursement rates and then shared those rates with smaller companies for a fee.
The Express Scripts pharmaceutical reimbursement rates were lower than the smaller companies could attain on their own and the Express Scripts then charged a fee to the companies whenever the lower rates were used, the lawsuit says.
Express Scripts fees lawsuit claims ‘horizontal conspiracy’ was used
Express Scripts pharmaceutical reimbursement rates “horizontal conspiracy” was shared with Prime, Benecard and Magellan.
“Through the unlawful agreements with Express Scripts, each co-conspirator was able to reduce its reimbursement rates and raise its fees to the levels of the more powerful Express Scripts,” the Express Scripts fees lawsuit says. “In effect, the co-conspirators rented Express Scripts’ market power. These blatant price-fixing agreements have eliminated the normal market forces and have allowed the co-conspirators to enjoy excess revenues at the expense of pharmacies.”
AbbVie has inflated the price of the autoimmune, rheumatologic, and gastrointestinal disease drug Humira to the point where it is no longer affordable for many patients, a May class action lawsuit alleges.
Do you use Express Scripts for your pharmaceutical coverage? Let us know in the comments.
The plaintiffs are represented by Beth E. Terrell, Amanda M. Steiner and Blythe H. Chandler of Terrell Marshall Law Group PLLC along with Joseph M. Vanek, Paul E. Slater, Phil Cramer,Trevor K. Scheetz and Kathryn M. DeLong of Sperling and Slater LLC, Steve D. Shadowen, Nicholas W. Shadowen and Kathryn Allen of Hilliard Shadowen LLP, Mark R. Cuker of Cuker Law Firm, Joshua P. Davis and Julie A. Pollock of Berger Montague PC and Michael L. Roberts, Erich P. Schork and Kelly Rinehart of Roberts Law Firm U.S. PC.
The Express Scripts class action lawsuit is Osterhaus Pharmacy Inc., et al. v. Express Scripts Inc., et al., Case No. 2:24-cv-00039, in the U.S. District Court for the Western District of Washington.
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105 thoughts onExpress Scripts class action claims company fixes pharmaceutical reimbursement rates, related fees
I used to use Express Scripts
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The do not stock the Generic Drug but refuse to cover or even fill the name brand. Express Scripts Business Practices are a class action lawsuit waiting to happen.
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Yes, we use Express Scripts
I used to use express scripts, until they would charge me for medicine that I could not use and was sent to me. Tried to resolve by bringing it to Presidential Escalation, but they are still charging me for something I do not have
we used express scripts
Use Exress script. Very difficult to reach anyone and 3 to 4 transfers to another person. I have been shorted on pill count , charged for lost RX by DHL (uncooperative Customer service AND 90 days to be reimbursed, their escalation division not worthy of any commendations. Part of my pension plan benefits.