Express Scripts Accused of Contributing to Opioid Epidemic
Kentucky Attorney General Russell Coleman has filed a lawsuit against pharmacy benefit manager Express Scripts, accusing the company of playing a central role in the opioid addiction crisis that has devastated the state. The lawsuit claims that Express Scripts and its affiliates colluded with opioid manufacturers in deceptive marketing tactics that led to the widespread distribution of addictive painkillers.
According to the lawsuit, Express Scripts’ actions resulted in an oversupply of opioids that flooded Kentucky communities, contributing to a surge in overdose deaths and addiction. Kentucky has been among the hardest-hit states in the nation, with one of the highest opioid overdose death rates.
Express Scripts Denies Allegations
Express Scripts, headquartered in St. Louis, responded to the lawsuit on Friday, asserting that it has long been committed to combating opioid overuse and abuse. The company stated it would “vigorously contest these baseless allegations in court.”
The case represents the latest in a series of government lawsuits against pharmacy benefit managers (PBMs), as litigation over the opioid crisis continues. PBMs have come under increasing scrutiny for their role in managing prescription drug coverage and determining which medications are covered by insurance plans.
Kentucky’s Lawsuit Alleges Opioid Oversupply
The lawsuit claims that Express Scripts intentionally ignored safeguards designed to prevent the overprescription and distribution of opioids. “For no less than the last two decades, Express Scripts has had a key role in facilitating the oversupply of opioids,” the suit states, accusing the company of disregarding safety measures to increase sales.
Express Scripts is also accused of failing to report suspicious volumes of opioids being distributed in Kentucky and of dispensing opioids through mail-order pharmacies without adequate controls, violating both state and federal laws.
Pharmacy Benefit Managers Under Fire
Pharmacy benefit managers like Express Scripts help manage prescription drug plans for health insurers and employers. They determine which drugs are included on insurance formularies and influence where patients can fill prescriptions. While PBMs argue they help control drug costs, they have been criticized by patients, politicians, and advocates for their role in the opioid crisis.
In addition to Kentucky’s lawsuit, other states have taken legal action against PBMs for their alleged role in the opioid epidemic. In June, Arkansas filed a similar lawsuit against Express Scripts and another PBM, Optum, for their role in that state’s opioid crisis.
A History of Legal Battles Over Opioids
The Kentucky lawsuit comes amid ongoing litigation across the country targeting opioid manufacturers, wholesalers, and pharmacies. These companies have already faced thousands of lawsuits and have reached settlements worth over $50 billion to address the opioid epidemic.
PBMs, now in the legal spotlight, are preparing for a series of federal trials that could result in additional settlements. In Kentucky, Attorney General Coleman’s lawsuit seeks $2,000 for each willful violation of the Kentucky Consumer Protection Act, along with any other penalties the court deems appropriate.
