Kentucky Takes Legal Action Against Express Scripts

Kentucky Attorney General Russell Coleman has taken legal action against Express Scripts, accusing the pharmacy benefit manager of exacerbating the state’s deadly opioid crisis.

At a Glance

Kentucky sues Express Scripts for its alleged role in fueling the opioid crisis.
The lawsuit claims collusion with opioid manufacturers to increase sales.
Express Scripts denies the allegations and vows to contest in court.
Kentucky seeks $2,000 per violation of the Consumer Protection Act.
Opioid-related deaths remain high despite a recent decline.

Kentucky Takes Legal Action Against Express Scripts

Kentucky Attorney General Russell Coleman has filed a lawsuit against Express Scripts, one of the largest pharmacy benefit managers in the United States, alleging the company played a significant role in worsening the state’s opioid crisis. The legal action, filed in Jefferson County Circuit Court, accuses Express Scripts of colluding with opioid manufacturers to engage in deceptive marketing practices that led to an oversupply of opioids, resulting in widespread addiction and death.

The lawsuit claims that Express Scripts, which manages prescription drug coverage for millions of Americans, disregarded crucial safeguards to boost opioid sales and profits. Coleman asserts that the company’s actions have been largely hidden from public view until now, but evidence allegedly suggests their involvement spans at least two decades.

Kentucky's attorney general has sued Express Scripts, claiming the big pharmacy benefit manager was at the center of an opioid dispensing chain that fueled a deadly addiction crisis still haunting his state.
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Allegations and Damages Sought

The complaint alleges that Express Scripts failed to report suspicious opioid volumes and violated laws by dispensing opioids through mail order without proper controls. It further claims that the company ignored evidence of addiction and misuse found in its own claims data, prioritizing profits over public health and safety.

“The role of Express Scripts in causing the opioid epidemic has been largely concealed from public view,” according to the lawsuit. “But it has now become clear that, for no less than the last two decades, Express Scripts has had a key role in facilitating the oversupply of opioids through intentional conduct that disregarded needed safeguards in order to increase the prescribing, dispensing and sales of prescription opioids.”

Kentucky is seeking $2,000 for each violation of the Kentucky Consumer Protection Act, along with additional penalties. The state aims to hold Express Scripts accountable for its alleged role in the crisis and to abate the public nuisance caused by the company’s actions and omissions.

Express Scripts Denies Allegations

Express Scripts has vehemently denied the allegations put forth in the lawsuit. The company stated that it would defend against them in the court of law. This response sets the stage for what could be a protracted legal battle between the state of Kentucky and one of the nation’s largest pharmacy benefit managers.

“Express Scripts and the other pharmacy benefit managers amassed an unprecedented level of power, using it to push opioid pills and conceal unlawful activity,” Coleman stated. He asserted that it needed to be held accountable for this.

Kentucky’s Ongoing Battle Against Opioids

Kentucky has been hit particularly hard by the opioid epidemic, with some of the highest overdose death rates in the nation. While data shows a nearly 10% decrease in drug overdose deaths in Kentucky in 2023, concerns about overdoses persist. The state has been proactive in its approach to combating the crisis, leading the nation in per-capita residential drug and alcohol treatment beds.

Previous Kentucky attorneys general have also pursued legal action against opioid manufacturers and distributors, ultimately getting over $800 million in settlements for the state. This latest lawsuit against Express Scripts represents a new frontier in opioid litigation, targeting pharmacy benefit managers for their alleged role in the crisis.

As the legal proceedings unfold, Kentucky continues its efforts to address the opioid crisis through various initiatives, including a statewide drug prevention program for young people announced by Attorney General Coleman. The outcome of this lawsuit could have far-reaching implications for how pharmacy benefit managers are held accountable in the ongoing fight against opioid addiction and overdose deaths.