Emily Sortor  |  November 28, 2019

Category: Legal News

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A U.S. district judge has certified two more Classes of customers affected by CVS’ allegedly unfair pricing of medications.

Consumers in New York and Arizona have been added to existing Classes of consumers in California, Florida, Illinois, and Arizona.

This decision was made by U.S. District Judge Yvonne Gonzalez Rogers last week despite CVS’ argument that to certify these Classes would make the pricing policy class action lawsuit “unmanageable.”

According to Judge Gonzalez Rogers, though the case would indeed become more complicated, it would not become unmanageable with the addition of the two new Classes. 

The CVS pricing class action lawsuit was filed in 2015 by customers who alleged that the pharmacy chain charged insured customers more than uninsured customers for the same drugs.

Allegedly, this occurred because CVS offered a Health Savings Pass discount program, which allowed uninsured patients to purchase medication at notably reduced prices. The program has since been ended.

The CVS class action states that because of the discounts offered to uninsured patients through this program, customers with insurance paid more for the same medications.

Since 2015, the CVS discount medication program class action lawsuit has gone through a number of developments. CVS shot back at the drug price class action lawsuit, and still maintains that it did not overcharge insured customers. The company claimed that it did not mislead customers about the price of drugs.

The plaintiffs had previously proposed two new Class representatives — one each for the new New York and Arizona Classes, but Judge Gonzalez Rogers determined that they did not qualify to be Class representatives.

However, she approved the New York and Arizona Classes after the customers brought forward two new Class representatives, Darlene McAfee of Arizona and Stephen Sullivan for New York.

Judge Gonzalez Rogers determined that the customers did have transactions with CVS that qualified them to be Class representatives because they had “produced documents establishing that they purchased the allegedly overcharged generic prescriptions from [CVS] when they used their respective insurance.”

Before the addition of two new Classes to the CVS class action lawsuit, Judge Gonzalez Rogers had decided the case in CVS’ favor, but the decision was appealed by the customers. The appellate court reversed Judge Gonzalez Rogers’ decision, saying that she should not have granted CVS summary judgment. 

The appellate panel also challenged Judge Gonzalez Rogers’ decision to narrow the Classes of customers to include only people in each state whose claims for pharmacy benefits were decided by the same manager. In contrast to the appellate court, CVS had approved of this narrowing of Classes, taking issue with the appellate court’s decision.

Have you experienced what you felt was an unfair pricing program for medications?

The customers are represented by Jonathan K. Levine and Elizabeth C. Pritzker of Pritzker Levine LLP, Richard S. Lewis, Bonny E. Sweeney and Sathya S. Gosselin of Hausfeld LLP, and Robert B. Gilmore of Stein Mitchell Cipollone Beato & Missner LLP.

The CVS Discount Drug Pricing Class Action Lawsuit is Christopher Corcoran, et al. v. CVS Health Corp., Case No. 4:15-cv-03504, in the U.S. District Court for the Northern District of California. 

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9 thoughts onN.Y., Ariz. CVS Customers Certified In Unfair Drug Pricing Class Action

  1. Mary Hewitt says:

    My price was always different prices. Please add me.

  2. Mary Hewitt says:

    When is the trial? I’m added, be cause I received a card . CVS always changes prices

  3. Rick Barber says:

    When is the Judgement of this case?
    Trial date was set for April 20, 2020! Does anyone have any progress updates?

    Just curious…Thanks.

  4. Amy Michelle Banker says:

    CVS had me for something like 8 years. I have had cvscaremark for scripts they gave me a hard time when I left CVS and kept accepting scripts from my Dr even tho I let them know loudly and in person I was leaving and going to another pharmacy. I guess they weren’t happy I was taking over 6000$ a month from them. How do I get on this lawsuit. I know they robbed me.!!!

  5. Amy Michelle Banker says:

    How can I get on this??? CVS had me for something like 8 years. I have had cvscaremark for scripts they gave me a hard time when I left CVS and kept accepting scripts from my Dr even tho I let them know loudly and in person I was leaving and going to another pharmacy. I guess they weren’t happy I was taking over 6000$ a month from them. How do I get on this lawsuit. I know they robbed me.!!!

  6. Thomas Joseph milisi says:

    I did business with, cubs for22 years with my blue cross

  7. Erica Lombard says:

    It’s why I left CVS and went to a local family pharmacy because the very same meds that cost me hundreds of dollars cost a fraction of the cost local yet they (my insurance) try to force me to go through cvs Caremark as a 90 day program on maintenance meds (even though we are a right to fill state) or now won’t cover it…..(hmmm, maybe because they own it) how nice right…. let’s keep robbing people blind :/

    1. Mary says:

      Ditto!

  8. Renee says:

    Add me

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