SANTA ANA – An Arkansas woman claims two insurers overcharge for prescription drugs and has filed a class-action suit.
Gail Davis filed a complaint on behalf of all others similarly situated on Dec. 7 in the U.S. District Court for the Central District of California against Optumrx Inc., Cigna Health and Life Insurance Co. and Does 1-10 alleging violation of the Employee Retirement Income Security Act and other counts.
According to the complaint, the plaintiff alleges that she suffered damages from being overcharged for prescription drugs. The plaintiff holds Optumrx Inc., Cigna Health and Life Insurance Co. and Does 1-10 responsible because the defendants allegedly require networked pharmacies to collect an entire co-payment even if the cost of the drug is less than the co-payment. The suit alleges the defendants collect the cost of the difference between the drug's price and the co-payment.
The plaintiff requests a trial by jury and seeks award judgment on her claims, profits, injunction relief, disgorgement, all legal fees and any other relief as the court deems just. She is represented by Alan M. Mansfield of Whatley Kallas LLP in Los Angeles and Joe R. Whatley Jr. and Edith M. Kallas of Whatley Kallas LLP in New York.
U.S. District Court for the Central District of California, Southern Division Case number 8:16-cv-02165-JVS-JCG