Kessler Topaz Meltzer & Check, LLP has filed a class action lawsuit against CVS Health Corporation, SilverScript Insurance Company, LLC, and other related entities, for violations of the Racketeer Influenced Corrupt Organizations (“RICO”) Act and other federal and state laws. The action, captioned Jones v. CVS Health Corporation, et al., (Case No. Case 2:24-cv-01703), is filed in the United States District Court for the Eastern District of Pennsylvania.
The class action lawsuit alleges that SilverScript Part D beneficiaries have been prevented from accessing less costly, generic versions of the following brand name prescription drugs:
Invega
Asacol HD
Renvela packets
Renvela tablets
Harvoni
Epclusa
Ventolin HFA
Canasa Rectal Suppository
Advair Diskus
Specifically, the lawsuit alleges that the Defendants, along with five of the largest manufacturers of brand name drug products, implemented a fraudulent scheme to prevent Medicare Part D beneficiaries covered by SilverScript plans from accessing cheaper generic versions of these drugs, which resulted in the beneficiaries only having access to the costlier brand name versions. As a result of their fraudulent scheme, the Defendants and their co-conspirators have profited at the expense of elderly patients suffering from the life-altering illnesses that these drugs treat.
Current Status of the Case:
On October 31, 2024, the Court issued an Opinion and Order which denied Defendants’ Motion to Dismiss as to all claims except for Plaintiffs’ state consumer protection claim under the Idaho Consumer Protection Act. Fact discovery is now in progress and this action remains ongoing.
Please contact us today to discuss your rights if you are a SilverScript Part D subscriber and if you purchased any of the prescription drugs above from a CVS pharmacy from 2015 to the present. You may contact us at 484-270-1453, or you can fill out our online form below, or by email at info@ktmc.com.