Just after Thanksgiving, a federal judge in Arkansas ordered both Express Scripts and Optum (two Pharmacy Benefits Managers) to meet with the federal Magistrate Judge to attempt to settle the class action claims being pursued against them by an independent pharmacy in Arkansas.
Lackie Drug Store of Lonoke, Arkansas, filed a class action case against PBMs claiming they conspire to violate an Arkansas statute designed to regulate the PBMs and assist pharmacies suffering from the PBMs and their abuses of Arkansas law.
The suit seeks injunctive relief commanding PBMs to routinely and frequently provide pharmacies their Maximum Allowable Costs lists and to never force an Arkansas pharmacy in a negative transaction. Further, the case seeks damages for, in the past five years, forcing Arkansas pharmacies into negative sale transactions and abusive losses.
Lackie Drug Store, and all independent pharmacies like it in Arkansas, could very well receive money to recover their losses on every transaction in the past five years where a PBM has forced the pharmacy to lose money.
Please email Scott Poynter at scott@poynterlawgroup.com if this has happened to your pharmacy and you wish to try and recover money you have lost at the hands of the PBMs.
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