Case Caption: In re Jones et al. v. CVS Health Corp. et al.
Court: United States District Court for the Eastern District of Pennsylvania
Case Number: 2:2024-cv-01703
Judge: Honorable John Milton Younge
Plaintiff: Denise Elayne Jones and Marilyn A. Manzi
Defendant: CVS Health Corporation, f/k/a CVS Caremark Corporation; Silverscript Insurance Company, LLC; Caremark L.L.C., f/k/a Caremark Inc.; CVS Pharmacy, Inc.; CVS Caremark Part D Services, LLC
Class Period: 2015 – Present
This class action seeks relief on behalf of Medicare Part D beneficiaries covered by SilverScript insurance plans who have been blocked from accessing cheaper generic equivalent versions of the prescription drugs Invega, Asacol HD, Renvela packets, Renvela tablets, Harvoni, Epclusa, Ventolin HFA, Canasa Rectal Suppository, and Advair Diskus (“Affected Drugs”).
Plaintiffs allege that the CVS Defendants (“CVS”) orchestrated a years-long fraudulent scheme with five of the largest manufacturers of brand-name prescription drugs (the “Manufacturer Co-Conspirators”). Specifically, the Manufacturer Co-Conspirators paid massive rebates to CVS in exchange for CVS’ agreement to include only the brand name versions of the Affected Drugs on SilverScript formularies even though less expensive generic drugs were available. To further inhibit access to generic versions of the Affected Drugs, CVS trained its staff to provide intentionally misleading and incomplete information to consumers about the availability of generic drugs and colluded with drug distributors and suppliers to keep generic drugs in low supply or, in some cases, out of stock completely at CVS retail pharmacies. As a result of this fraudulent scheme, CVS and the Manufacturer Defendants have reaped significant profits at the expense of Medicare beneficiaries, many of whom suffer from life-altering illnesses that the Affected Drugs treat.
On April 23, 2024, Kessler Topaz filed a lawsuit against CVS, bringing claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), as well as state law claims for fraud, unjust enrichment, and violation of consumer protection statutes. On October 31, 2024, the Court sustained Plaintiffs’ RICO, and fraud claims, as well as forty-nine of fifty state consumer protection act claims, and granted leave to re-plead the unjust enrichment claims. The case is now in fact discovery.
If you are a SilverScript subscriber and purchased any of the prescription drugs above from a CVS pharmacy from 2015 to the present, please contact us at 484-270-1453, or you can fill out our online form here.
Read Amended Class Action Complaint Here
Read Motion to Dismiss Memorandum Here