It is the latest development in a string of legal disputes that has pitted Anthem against Express Scripts. The battle began in March when Anthem sued Express Scripts, claiming the PBM charged too much for prescription medications and deliberately delayed re-pricing negotiations. Express Scripts countersued Anthem in April.
This latest lawsuit was brought by members in medical plans sponsored by Verizon, AmTrust Financial Services and LG&E and KU Energy. In a class-action lawsuit filed June 24 against Anthem and Express Scripts, the medical plan members allege Anthem and Express Scripts violated the 1974 Employee Retirement Income Security Act.
According to the complaint, Anthem breached its ERISA duties by entering into an agreement with Express Scripts that was imprudent and not in the best interest of its members, reports Bloomberg BNA. The suit accuses Express Scripts of setting drug prices higher than competitive benchmarks by more than $3 billion annually.
Express Scripts senior director of corporate communications David Whitrap told Bloomberg BNA the company denies the allegations and plans to defend itself vigorously.
Anthem has not issued a statement regarding the lawsuit.
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