Sohmer v. UnitedHealth Group Inc.

Plaintiffs are suing several UnitedHealth companies and OptumRx, Inc., in the District of Minnesota, on behalf of a class of patients who purchased prescription drugs pursuant to a UnitedHealth plan, alleging that Defendants violated the plans by overcharging patients. Specifically, under the relevant health plans, the cost shares (copayments, coinsurance, and deductible payments) paid by patients should be based on the amount actually paid to pharmacies. UnitedHealth and Optum are alleged to have calculated cost shares using an inflated price causing patients to overpay and, in many instances, pay more than the pharmacies were actually paid. Plaintiffs allege that Defendants’ conduct violates the Employee Retirement Income Security Act of 1974 (ERISA), breach of contract, and other state laws.

Class: Certain participants in UnitedHealth health plans who were overcharged for prescription drugs.

Status: Defendant’s Partial Motion to Dismiss was resolved by agreement and the motion was dismissed as moot.  Defendant answered the complaint on May 3, 2019, and filed an Amended Answer and Counterclaim on June 3, 2019.  The parties are currently engaged in discovery.