State Files 100-Page Lawsuit Against UnitedHealth Group and Express Scripts in Summit County Court
The Utah Attorney General’s Office and Utah Division of Consumer Protection filed a nearly 100-page lawsuit on December 23, 2024, against UnitedHealth Group and Express Scripts, targeting their alleged role in fueling the state’s opioid crisis. Filed in Summit County’s 3rd District Court in Park City, the lawsuit claims these pharmacy benefit managers substantially contributed to a quadrupling of prescription opioids sold annually in the United States and a tripling of Utah residents who died from prescription opioid overdoses. The legal action alleges the companies received payments from opioid manufacturers like Purdue Pharma and Mallinckrodt in exchange for giving opioids preferred status on their formularies.
5 Key Points
- Utah filed the lawsuit under the public nuisance statute and the Consumer Sales Practices Act.
- Pharmacy benefit managers allegedly gave opioids preferred status with minimal restrictions.
- The 2014 opioid supply in Utah equated to 34 pills per resident.
- Previous litigation efforts recovered $540 million for Utah’s crisis response.
- The lawsuit describes the crisis as “the worst human-made epidemic in modern medical history.”
Pharmacy Benefit Managers’ Role Under Scrutiny
The lawsuit contends that UnitedHealth Group and Express Scripts failed to use their influential position responsibly as third-party companies managing prescription drug-benefit plans sponsored by health insurers. Rather than implementing meaningful restrictions and safety conditions on opioids through their national formularies and benefit plans, the companies allegedly gave opioids preferred status with minimal limits on use and consumption. Court documents reveal they “deliberately chose to facilitate the increased sale and consumption of opioids in exchange for payments from opioid manufacturers like Purdue Pharma, Mallinckrodt, and others.” The state’s legal filing demonstrates how these actions substantially contributed to a quadrupling of prescription opioids sold annually in the United States and a tripling of Utah residents who died from prescription opioid overdoses.
Impact on Utah Communities
State officials document a devastating toll across Utah communities. In 2014 alone, the volume of opioids sold in Utah would have provided approximately 34 pills to every state resident. The lawsuit details how those who became addicted to prescription opioids often turned to heroin and fentanyl when they could no longer obtain pain pills. This progression from prescription addiction to illegal drug use amplified the crisis’s impact across the state. “The effects of this epidemic have heavily strained the state of Utah’s public resources,” the lawsuit states. “The consequences of this public health crisis have been far-reaching and severe — and they are still ongoing.”
State’s Legal Strategy Targets New Players
Utah Attorney General Sean Reyes emphasized the importance of this latest legal action: “Over the past decade, it has been one of my top priorities in the attorney general’s office to hold accountable those who unleashed the opioid epidemic upon Utah and America. For far too long, opioids were misrepresented as safe, as they ripped apart families, trapped users, and killed innocent victims.” The state filed this action under Utah’s public nuisance statute and the Consumer Sales Practices Act, explicitly targeting what they term “deceptive trade practices” by these pharmacy benefit managers. Previous litigation strategies have secured over $540 million in recovery funds for addressing the crisis’s effects.
Push for Transparency in the Pharmaceutical Industry
The Utah Department of Commerce joined forces in this legal battle, highlighting the hidden influence of pharmacy benefit managers. Margaret Busse, executive director of the Utah Department of Commerce, addressed these concerns: “Pharmacy benefit managers have played a covert role in the opioid abuse crisis. We support efforts to unveil these hidden collaborations with pharmaceutical manufacturers, as transparency is essential for accountability and building trust within our community.” The lawsuit describes the crisis as “the worst human-made epidemic in modern medical history: opioid diversion, addiction, overdose, and death caused by an oversupply of opioids flooding communities due to powerful companies who sought to profit at the expense of the public.”
FAQ
Q: What exactly is Utah alleging in this lawsuit against UnitedHealth Group and Express Scripts?
A: Utah alleges these pharmacy benefit managers contributed to the opioid epidemic by giving opioids preferred status on their formularies with minimal restrictions in exchange for payments from manufacturers like Purdue Pharma and Mallinckrodt.
Q: What laws is Utah using to sue these pharmacy benefit managers?
A: The state is suing under Utah’s public nuisance statute and the Consumer Sales Practices Act, which addresses deceptive trade practices.
Q: How severe was the opioid crisis in Utah, according to the lawsuit?
A: In 2014, the volume of opioids sold in Utah would have provided approximately 34 pills to every state resident. The state experienced a tripling in the number of residents who died from prescription opioid overdoses.
Q: What role do pharmacy benefit managers play in prescription drug distribution?
A: Pharmacy benefit managers are third-party companies that manage prescription drug-benefit plans sponsored by health insurers. They act as intermediaries between manufacturers, pharmacies, insurance companies, payers, and patients.
Q: How much has Utah already recovered from previous opioid-related lawsuits?
A: Utah’s previous litigation strategies have resulted in over $540 million in recovery funds to address the effects of the opioid crisis.
Q: What are the ongoing effects of the opioid crisis in Utah?
A: According to the lawsuit, the crisis has heavily strained Utah’s public resources, with far-reaching and severe consequences that are still ongoing. Many who became addicted to prescription opioids turned to heroin and fentanyl when they could no longer obtain pain pills.
Q: Where was this lawsuit filed?
A: The nearly 100-page lawsuit was filed in Summit County’s 3rd District Court in Park City, Utah.
Citations
Pat Reavy (December 23, 2024). Utah sues 2 largest pharmacy benefit managers in US for alleged roles in opioid epidemic. KSL.com. https://www.ksl.com/article/51216916/utah-sues-2-largest-pharmacy-benefit-managers-in-us-for-alleged-roles-in-opioid-epidemic
