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CVS Facing New Class Action Alleging Scheme to Defraud Pharmacy Customers

Christopher Corcoran, et al. v. CVS Health Corporation (3:15-cv-03504)

On October 3, 2016, Stein Mitchell, along with class co-counsel Hausfeld LLP and Pritzker Levin LLP, filed a motion on behalf of the named plaintiffs to certify eleven state classes of CVS patients whom CVS wrongfully charged inflated copayments on purchases of a number of generic prescription drugs. The Court will hold a hearing on the class certification motion on January 31, 2017.

Stein Mitchell Cipollone Beato & Missner LLP represents CVS customers alleging that CVS employed a fraudulent scheme to overcharge millions of customers across the country for generic prescription drugs. 

The complaint alleges that CVS implemented and maintained a false and deceptive pricing scheme affecting over 400 generic drugs, forcing customers with health insurance to pay CVS copayments far higher than the usual and customary price CVS charged its cash-paying customers.

“As a result of CVS’s unlawful scheme, CVS overcharged Plaintiffs and the other class members for generic prescription drugs (in many cases by more than three or four times the usual and customary price) from November 2008 to the present.  Plaintiffs and the other class members have suffered significant damages caused by this misconduct,” the complaint reads.

CVS generates approximately $67 billion in annual revenues from its retail pharmacy business, and plaintiffs allege that CVS’ wrongful overcharging is a significant percentage of those revenues.

The plaintiffs seek to represent a class of all consumers who were participants in third-party healthcare plans and who filled their prescriptions for certain generic drugs at CVS between November 2008 and the present, and paid more than prices available under the CVS Health Savings Pass program.

If you or someone you know purchased generic drugs at CVS between November 2008 and the present please email us at cvs@steinmitchell.com or call (202) 661-0936.

Please direct press inquiries to Robert B. Gilmore at rgilmore@steinmitchell.com or call (202) 601-1589.

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