| 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 |
2:24-cv-01703 |
| JUDGE |
Honorable John Milton Younge |
| PLAINTIFFS |
Denise Elayne Jones and Marilyn A. Manzi |
| DEFENDANTS |
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 prescriptions 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. 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 less-costly 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 Co-Conspirators have ensured astonishing profits for themselves at the expense of Medicare Part D 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. In an Order entered on October 31, 2024, the Court sustained Plaintiffs’ RICO, fraud, and unjust enrichment claims, as well as forty-nine of fifty state consumer protection act 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