Bailey & Glasser, Quadrino Law Group and The Simon Firm Announce the Filing of an Antitrust Case Against Express Scripts, the Nation’s Largest Pharmacy Benefits Manager

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Bailey & Glasser, Quadrino Law Group and The Simon Firm Announce the Filing of a Major Antitrust Lawsuit Against Express Scripts

Six pharmacies, represented by the law firms Bailey & Glasser, Quadrino Law Group and The Simon Firm have sued Express Scripts, the largest pharmacy benefits manager in the United States, under federal antitrust laws, alleging that Express Scripts, together with the nation’s large pharmacy benefit managers, are engaged in a conspiracy to jointly boycott compounding pharmacies with the intent of eliminating these pharmacies from the health plan prescription market and ultimately driving compounding pharmacies out of business. The case is entitled Precision Rx Compounding, LLC et al. v. Express Scripts, No. 4:16-cv-0069, filed in the Eastern District of Missouri, in St. Louis.

Compounding pharmacies tailor and customize prescriptions written by physicians in order to meet patients’ needs for medications that are not commercially available.

The suit alleges that Express Scripts and the other major pharmacy benefit managers, including CVS Caremark, Prime Therapeutics, and Optum Rx (owned by UnitedHealth), have used their position and power as health plan administrators to eliminate coverage and reimbursement for compound medications; disseminate inaccurate and misleading information to physicians and patients about compound medications; impose administrative mandates and hurdles designed to deny access to prescriptions for compound medications; engage in retroactive audits of compounding pharmacies to claw back reimbursements for medications; and remove compounding pharmacies from provider networks by terminating agreements without just cause or on pretextual bases. The pharmacies seek damages and injunctive relief to stop Express Scripts’ conduct.

The case is Precision RX Compounding, LLC et al. v. Express Scripts Holding Company et al., filed in the U.S. District Court for the Eastern District of Missouri. The pharmacies are represented by Bailey and Glasser, LLP, together with Quadrino Law Group of New York, and The Simon Law Firm in St. Louis, Missouri.

For more information, contact Steven L. Bloch of Bailey & Glasser, LLP at 610-834-7506, Ora N. Nwabueze of Bailey & Glasser, LLP at 202-909-3337 or Richard J. Quadrino of Quadrino Law Group at 631-815-5800.

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Richard Quadrino
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Quadrino Law Group
since: 05/2014
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