Bennet v. Louisiana Health Service & Indemnity Co.

Plaintiffs, participants in health plans administered by Blue Cross and Blue Shield of Louisiana (“BCBS”), (also known as Louisiana Health Service and Indemnity Company), filed a class action against BCBS in the Middle District of Louisiana alleging that BCBS overcharged them for prescription drugs in violation of their health plans. Specifically, under the relevant health plans, the cost shares (copayments, coinsurance, and deductible payments) paid by patients for prescription drugs should be based on the amounts actually paid to pharmacies, but Plaintiffs allege that BCBS directed pharmacies to misrepresent the cost-sharing amounts and charge Plaintiffs amounts greater than the amount paid to the pharmacy. Plaintiffs allege that BCBS’s conduct violates the Employee Retirement Income Security Act of 1974 (ERISA).

On March 3, 2020, the Court denied Defendant’s Motion to Dismiss. On March 31, 2020, the Court denied BCBS’s Motion to Dismiss in its entirety.

Defendants filed a Motion for Summary Judgment on June 28, 2022 that was granted on March 23, 2023 and a sealed ruling was issued dismissing Plaintiffs’ claims with prejudice on March 24, 2023.