Express Scripts and OptumRx asserted the allegations implicate their administration of federal prescription drug benefits. However, Michigan disavowed any claims related to federal contracts, saying its complaint expressly limits claims to non-federal conduct.
The lawsuit is one of several brought by state attorneys general targeting PBMs over their alleged role in the opioid crisis. Similar cases are ongoing in Arkansas, Alaska, Kentucky, and Mississippi.
Neither party immediately responded to requests for comment Monday.
Counsel Information
- Michigan is represented by Matthew L. Walker and Scott A. Mertens of the Michigan Department of Attorney General and Mark P. Pifko of Baron & Budd PC.
- Evernorth Health Inc. and Express Scripts Inc. are represented by John F. Rhoades and Monique S. Eubanks of Dykema Gossett PLLC.
- OptumRx Inc. is represented by Irina N. Kashcheyeva and Ki Lee Kilgore of Foley & Lardner LLP.
Case Details
Attorney General of the State of Michigan v. Evernorth Health, Inc. et al., case number 4:24-cv-13185, in the U.S. District Court for the Eastern District of Michigan.
