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Most of the opioid manufacturers and distributors have reached settlements in court forcing them to pay restitution for the epidemic. But West Virginia Attorney General JB McCuskey is going after another link in the chain.
McCuskey announced Monday a new lawsuit against Express Scripts (now Evernorth Health) and related entities, alleging the pharmacy benefit manager (PBM) played a central role in the widespread oversupply of opioids to West Virginia. Express Scripts is one of the largest pharmacy benefit managers in the country.
The suit alleges the company conspired with opioid manufacturers to deceptively market opioids and manipulate public perception regarding their safety and addictive potential.
“Express Scripts violated its legal duties under West Virginia law, contributing directly to the oversupply of opioids and the deepening of opioid use disorder across the Mountain State,” McCuskey said.
The lawsuit, filed in the United States District Court for the Northern District of West Virginia, names Express Scripts as a central architect of the opioid crisis. The lawsuit alleges the company conspired with opioid manufacturers to deceptively market opioids and manipulate public perception regarding their safety and addictive potential.
The lawsuit further states that Express Scripts had real-time access to comprehensive prescription data that identified red flags, including doctor shopping, dangerous drug combinations and abuse patterns, but for decades chose to continue putting profits over public safety.
“The opioid crisis is a direct result of greed and evil. Opioid manufacturers have been held accountable, now it’s time for others who illegally profited behind the scenes to pay the price,” McCuskey said.
The lawsuit also alleges Express Scripts’ misconduct was complex, far-reaching, and violated West Virginia and federal law in multiple, distinct ways, using rebates and fees to encourage sales, weakening or eliminating prior authorization or quantity limits and dispensing opioids through mail-order pharmacies with adequate controls.
WVPB reached out to Express Scripts for comment, but did not receive a reply before deadline.
State Treasurer Larry Pack announced Wednesday that his office has approved Outschool, a California-based online learning platform, as a vendor on the Hope Scholarship portal.
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