
Kentucky has filed a lawsuit against Express Scripts for allegedly playing a key role in the opioid crisis, but how will it end?
At a Glance
- Kentucky Attorney General Russell Coleman files a lawsuit against Express Scripts.
- The lawsuit accuses Express Scripts of colluding with opioid manufacturers.
- Express Scripts allegedly contributed to the oversupply of opioids.
- Express Scripts denies the allegations and plans to defend itself.
- Kentucky seeks $2,000 per violation and demands a jury trial.
Lawsuit Against Express Scripts
Kentucky Attorney General Russell Coleman has filed a lawsuit against Express Scripts, alleging the company’s involvement in the state’s opioid crisis. The lawsuit, lodged in Jessamine County Circuit Court, claims that the pharmacy benefit manager (PBM) conspired with opioid manufacturers to deceptively market addictive opioids. The 83-page document details how Express Scripts allegedly impacted the crisis through misleading advertising and insufficient oversight on opioid prescriptions.
The lawsuit alleges Express Scripts’ collaboration with manufacturers aimed to push opioid sales, escalating the drug’s availability beyond safe limits. This oversupply, the lawsuit claims, has led to widespread addiction, overdose, and death. Express Scripts strongly refutes these allegations, stating they will “vigorously contest these baseless allegations in court.” The company insists they have maintained proper safeguards and have not contributed to the opioid crisis.
The opioid-fueled drug crisis is the greatest tragedy of our lifetime. We are holding accountable those who profited of Kentucky families' pain.
Read more about the lawsuit we filed this week against Express Scripts. https://t.co/UMOLqONpJO
— Attorney General Russell Coleman (@kyoag) September 27, 2024
Kentucky’s Struggle with Opioid Crisis
Kentucky has one of the highest rates of opioid overdose deaths in the United States. The state claims that Express Scripts failed to identify and report suspicious volumes of opioid prescriptions and ignored clear indicators of misuse and addiction. The lawsuit seeks $2,000 per willful violation of the Kentucky Consumer Protection Act and demands a jury trial to address the allegations.
“The role of Express Scripts in causing the opioid epidemic has been largely concealed from public view,” the Kentucky lawsuit says. “But it has now become clear that, for no less than the last two decades, Express Scripts has had a key role in facilitating the oversupply of opioids through intentional conduct that disregarded needed safeguards in order to increase the prescribing, dispensing and sales of prescription opioids.”
Kentucky’s legal action is part of a broader national effort to hold PBMs accountable. Previous lawsuits have resulted in settlements, potentially exceeding $50 billion from various drugmakers, wholesalers, and pharmacy chains. Kentucky, in particular, has been aggressive in pursuing legal action against those it deems responsible for the crisis, following the footsteps of former Attorney General Daniel Cameron, who secured over $800 million in settlements for the state.
Kentucky's attorney general has sued Express Scripts, claiming the big pharmacy benefit manager was at the center of an opioid dispensing chain that fueled a deadly addiction crisis.
https://t.co/UBxXUFDWoB— WCPO 9 (@WCPO) September 28, 2024
The Future of the Lawsuit
This lawsuit signals a new focus in ongoing opioid litigation, involving PBMs such as Express Scripts. Government plaintiffs and PBMs are gearing up for federal trials, which could lead to significant settlements. Attorney General Coleman emphasized the necessity of holding these companies accountable for their role in the opioid crisis, stating that their actions have “profited off Kentucky families’ pain.” As legal proceedings move forward, the case will undoubtedly be closely watched, both for its potential financial impact and its implications on corporate accountability in the pharmaceutical sector.
“Express Scripts and the other pharmacy benefit managers amassed an unprecedented level of power, using it to push opioid pills and conceal unlawful activity,” Coleman said Thursday in a statement. “They must be held to account for profiting off Kentucky families’ pain.”
Kentucky’s struggle with opioid addiction remains ongoing, despite a nearly 10% drop in overdose deaths in 2023. The state’s proactive approach, including lawsuits and a new statewide drug prevention program for youth, highlights the commitment to addressing this severe public health issue. In addition to legal strategies, Kentucky boasts a significant number of residential drug and alcohol treatment beds per capita, further demonstrating its robust response to the crisis. As Senate Republican leader Mitch McConnell continues to direct federal funding to combat addiction, the Kentucky lawsuit against Express Scripts will be a critical case to observe in the coming months.