Kentucky sues Express Scripts for role in opioid crisis

Kentucky’s attorney general has initiated legal action against the pharmacy benefit manager Express Scripts, attributing significant responsibility for exacerbating the state’s opioid crisis to the company.

In a complaint presented to state court, Attorney General Russell Coleman asserts that Express Scripts is integral to the opioid distribution framework that has contributed to the ongoing crisis.

Coleman alleges that the company, along with its affiliates, participated in deceptive practices with drug manufacturers to bolster opioid sales. Furthermore, he claims that Express Scripts neglected clear signs of addiction and misuse identified in its own claims data.

According to the complaint, the defendants ignored evidence of substance misuse, addiction, and diversion, leveraging their data to enhance profits for both Express Scripts and manufacturers, disregarding the implications for public health and safety.

Kentucky has been particularly hard-hit by the opioid epidemic, boasting some of the highest overdose death rates in the nation. In 2022 alone, 1,984 residents lost their lives due to drug overdoses.

The complaint emphasizes that the extent of Express Scripts’ involvement in the opioid epidemic has remained largely hidden from public scrutiny. It calls attention to the company’s longstanding role in facilitating an oversupply of opioids through questionable actions, prioritizing profit over necessary safeguards to control prescribing and distribution.

In response, Express Scripts asserted that it has a long-standing commitment to partnering with health plan sponsors nationwide. The company expressed its intent to vigorously dispute what it characterizes as unfounded allegations in court.

In recent times, the operations of pharmacy benefit managers, which act as middlemen in the pharmaceutical supply chain, have faced increased scrutiny from lawmakers and regulatory bodies. These entities play a crucial role in determining drug access for millions of Americans, including negotiating prices with pharmaceutical companies, compensating pharmacies, and shaping which medications reach patients and at what cost.

Coleman’s lawsuit follows a similar legal action initiated by Arkansas in July, which accused Express Scripts and another PBM, Optum, of contributing to the alarming rise in painkiller abuse.

The Kentucky lawsuit contends that the state is entitled to damages of $2,000 for every intentional violation of the Kentucky Consumer Protection Act.

Coleman stated, “Express Scripts and other pharmacy benefit managers have gained unprecedented influence, exploiting it to promote opioid prescriptions while obscuring unlawful practices. They must be held accountable for their profit-driven actions that have caused suffering to Kentucky families.”