Express Scripts (NSDQ:ESRX) and CVS Health (NYSE:CVS) were among the pharmacy benefit managers named in a lawsuit last week, when a potential class of patients accused them of violating the Employee Retirement Income Security Act by failing to negotiate lower prices for Mylan’s EpiPen allergy auto-injector.
The suit, filed in the Minnesota District Court, alleges that instead of fighting for lower prices for ERISA plans, “defendants negotiated for increasingly large rebates from Mylan for themselves and their clients, driving up the price of EpiPen.”
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