Pharmacy Benefit Managers Are Sued by Arkansas for Their Part in the Opioid Epidemic

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Introduction

On Monday, Arkansas filed a lawsuit against two pharmacy benefit managers, claiming they were responsible for the state’s opioid crisis and managing coverage for insurers, businesses, and other major clients.

Attorney General Tim Griffin brought the action in state court against Express Scripts Inc., Optum Inc., and their affiliates.

Pharmacy benefit administrators administer prescription medication plans for large customers, such as businesses offering coverage and health insurers. They determine in part the substances included in a formulary or list of approved medications. They can also ascertain the location of patients’ prescription filling visits.

The firms benefited from the opioid crisis, according to Griffin’s lawsuit, “by negotiating favorable deals with opioid manufacturers and by not taking sufficient action to curb excessive opioid prescriptions.”
The lawsuit claimed that the defendants “had a central role for at least the last two decades in facilitating the oversupply of opioids.”

“Defendants disregarded the required precautions to guarantee a rise in the prescription and sales of opioids.”

Optum said in a statement that it would defend itself against Arkansas’ lawsuit and that it has taken action to combat the opioid problem.

The business released a statement saying, “Optum did not cause the opioid crisis or make it worse, and we will defend ourselves in this litigation.” “Optum has adopted a comprehensive strategy to combat the opioid epidemic, including the Opioid Risk Management Program, which is accessible to all Optum Rx clients, in order to address opioid abuse and advance patient health.”

Arkansas – second highest rate of opioid

Arkansas had the second-highest rate of opioid prescriptions nationwide in 2022, and opioids were the most prescribed class of restricted medications in the state, according to the lawsuit.
State and local governments have brought thousands of lawsuits due to the consequences of the opioid crisis. Drug manufacturers, wholesalers, drugstore chains, and other companies have all been accused of misleading consumers through their marketing strategies and of failing to halt the flow of potent prescription painkillers onto the illicit market.

With proposed and signed agreements to spend more than $50 billion, the majority of which will be utilized to combat the opioid crisis, many of the big cases have been resolved. Pharmacy benefit manager cases are being scheduled for trials by a federal judge presiding over opioid-related federal complaints, perhaps serving as a prelude to settlements.

What’s happening right now?

Lately, overdoses on opioids have been connected to approximately 80,000 fatalities each year in the United States. Most of the ones that have occurred recently involve fentanyl and other strong narcotics that are made illegally in laboratories and are frequently used to lace other illegal drugs.

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