CVS Mail-Order Drug Bias Suit by HIV Patients Denied Class Nod

HIV/AIDS patients challenging CVS Pharmacy Inc.'s policy of distributing specialty drugs through the mail failed to secure class status in their lawsuit bringing discrimination claims under the Affordable Care Act.

The patients didn’t show that the injuries they complain of—inadequate pharmaceutical counseling, delivery issues, and privacy concerns—were commonly shared by members of the proposed class, Judge Edward M. Chen said. Deposition testimony suggests that some patients received counseling they found appropriate, while others never sought out this benefit, he said.

There’s also no indication of how widespread the alleged problems were across the proposed class, said Chen, who sits in ...