Independent Pharmacy Legal Actions
With more limited resources than their mega-chain counterparts, independent pharmacies sometimes need to band together to seek redress for certain legal wrongs. The attorneys at Jacobs Law Group have the diverse experience and skillset to address the issues that are unique, yet all too common, to independent pharmacies that have been harmed or otherwise mistreated by the heavy-handed or capricious practices of larger companies seeking to take advantage of them.
Depending upon the circumstances, one or more independent pharmacies may bring a class action lawsuit as representatives of a larger group of pharmacies suffering from similar harms from the same illegal, unfair or bad faith practices of others. Often however, agreements that independent pharmacies were required to enter, contain mandatory arbitration clauses that bar class actions. In such cases, the Jacobs Law Group has filed ‘mass actions’ on behalf of multiple pharmacies where each individual pharmacy is a named plaintiff seeking redress for their individual wrongs. For example, we have filed two such mass actions against Catamaran/Optum here the Jacobs Law Group represents 27 pharmacies in the first litigation and 450 pharmacies in the second litigation.
Of course, class or mass actions may not always be necessary. One individual pharmacy company or privately held chain may have suffered hundreds of thousands, or even millions of dollars of losses, which can be recovered in individual litigation.
The skilled attorneys at Jacobs Law Group work with independent pharmacies to seek redress for:
- Unreasonably low reimbursements from PBMs
- Reimbursements below what is allowed by workers’ compensation or other laws
- Using Verified-Accredited Wholesale Distributor (VAWD) status to deny pharmacies their choice of wholesaler
- Misleading and confusing claw-backs or Direct and Indirect
- Remuneration (DIR) fees imposed by drug plan administrators based on questionable performance metrics
The Jacobs Law Group offers free initial consultation to discuss your concerns and how we may be able to help. We can be creative in fee structure to help you and may be able to assist you on an hourly, contingent or hybrid basis. If you feel your independent retail pharmacy has experienced unfair or heavy-handed treatment, please contact us directly or use the form below to contact us regarding this practice area.