Alleged Drug Pricing Scheme Spawns Six Lawsuits in Six Weeks

Health plan participants have filed six lawsuits in as many weeks accusing health insurers Cigna Corp., UnitedHealth Group and Humana of secret schemes to overcharge for prescription drugs.

The latest proposed class action, filed Nov. 17 against Cigna Corp. and OptumRX Inc., accuses the insurer and pharmacy benefit manager of adding hidden and unauthorized fees to sales of prescription drugs that had retail prices below an insured patient’s copayment amount. When a copayment exceeds the retail price of a given drug, the defendants “claw back” that excess copayment amount as “pure, undisclosed profits,” according to the complaint (Perry v. Cigna Corp., D. Conn., No. 3:16-cv-01904, complaint filed 11/17/16).

All six lawsuits cite an investigation into health insurance clawbacks that New Orleans television station Fox 8 began airing in May. The investigation found that some insured patients may be paying more for prescription drugs than they would pay if they lacked insurance altogether.

The other pending lawsuits are:

• Mohr v. UnitedHealth Grp., Inc., D. Minn., No. 0:16-cv-03352-JNE-BRT, complaint filed 10/4/16;
• Negron v. Cigna Corp., D. Conn., No. 3:16-cv-01702, complaint filed 10/13/16;
• Stevens v. UnitedHealth Grp., Inc., D. Minn., No. 0:16-cv-03496-ADM-SER, complaint filed 10/14/16;
• Waldrop v. Humana, Inc., W.D. Ky., No. 3:16-cv-00706-GNS, complaint filed 11/10/16; and
• Fellgren v. UnitedHealth Grp., Inc., D. Minn., No. 0:16-cv-03914, complaint filed 11/15/16.

On Nov. 16, two of the patients suing UnitedHealth asked for their cases to be consolidated.

The Nov. 17 lawsuit against Cigna was filed in the U.S. District Court for the District of Connecticut by Scott & Scott, Lemmon Law Firm LLC, Wood Law Firm, Davis & Taliaferro LLC, Zimmerman Reed LLP and Stritmatter Kessler Whelan Koehler Moore Kahler. The other firms involved in this litigation push are Keller Rohrback LLP, Lockridge Grindal Nauen PLLP, Izard Kindall & Raabe LLP, Sarraf Gentile LLP and Gray Plant Mooty.

Cigna didn’t immediately respond to Bloomberg BNA’s request for comment. When questioned about the earlier lawsuit in October, a Cigna spokeswoman declined to comment, citing an internal policy against discussing pending litigation.