Vita v. Caremark Rx, LLC

Plaintiff is suing several Caremark companies, in the District of Rhode Island, on behalf of a class of patients who purchased prescription drugs pursuant to a Caremark plan, alleging that Caremark violated the plans and its fiduciary duties by overcharging patients. Specifically, under the relevant prescription drug benefits plans, the cost shares (copayments, coinsurance, and deductible payments) paid by patients should be based on the amount actually paid to pharmacies. Caremark is alleged to have violated the plans by calculating cost shares using an inflated price, causing patients to overpay and, in many instances, pay more than the pharmacies were actually paid. Plaintiff alleges that Defendant’s conduct violates the Employee Retirement Income Security Act of 1974 (ERISA).

Class: Certain participants in CVS/Caremark prescription drug benefit plans who were overcharged for prescription drugs.

Status: Plaintiff voluntarily dismissed the action on September 23, 2019, and the case has been closed.