Express Scripts Off The Hook For $50M Prescription Drug Bill

Law360 (March 24, 2020, 10:15 PM EDT) -- Henkel of America can't force Express Scripts to foot a $50 million bill for prescription drug costs the chemical giant paid for its health plan participants’ experimental medical treatments, a federal judge ruled Tuesday, saying there’s no proof the pharmacy benefit manager improperly approved the claims.

U.S. District Judge Jeffrey A. Meyer dismissed Express Scripts Inc. from Henkel of America Inc.'s suit alleging it breached its fiduciary duties by wrongfully approving claims for two employee health plan participants who suffer from a rare medical condition. A report by health consultant Optum Healthcare that Henkel hired to investigate the claims lacked any...

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