PwC, Express Scripts Must Face ERISA Suit Over Hemophilia Drugs

A PricewaterhouseCoopers LLP health plan participant can bring ERISA claims against the company and Express Scripts Inc. for allegedly sending him to a pharmacy that mishandled his hemophilia medication, but he lacks viable discrimination claims, a Florida federal judge ruled.

Vitalij Vanusanik can bring claims for plan benefits and fiduciary breach under the Employee Retirement Income Security Act based on the defendants’ practice of requiring hemophilia patients to get medication through Accredo, a pharmacy that he says repeatedly failed to provide the medication he needs, according to a Sept. 17 ruling by Judge Charlene Edwards Honeywell of the U.S. District ...