The case concerns the controversial direct and indirect remuneration (DIR) fees that pharmacy benefit managers (PBMs) collect from pharmacies. Meanwhile, a separate whistleblower lawsuit has been filed against CVS Caremark, its parent company and SilverScripts, its Part D plan, accusing them of blocking customers from getting cheaper generic drugs.
A San Francisco pharmacy that specializes in HIV medication has won a multimillion-dollar judgment against CVS Caremark in a case about the controversial direct and indirect remuneration (DIR) fees.
According to court papers, an arbitrator, Charles Pereyra-Suarez, awarded the pharmacy, Mission Wellness, $2.1 million in damages and another $1.28 million in attorney fees.
The pharmacy was represented by Frier Levitt, a Pine Brook, New Jersey, law firm that bills itself as a boutique law firm that has successfully challenged DIR fees.
Jonathan E. Levitt, founding partner of the firm, says that because the company has refused to pay the arbitration award, he went to federal district court in Arizona to seek a court judgment to collect the award.
“Just pay your bills. You lost. Pay your bills. Man up,” Levitt said in an interview last week. He compared the case to David versus Goliath and said CVS’ DIR fees had almost put the pharmacy out of business.
Brittney Manchester, a CVS spokesperson, said in an email last week that “CVS Caremark disagrees with the decision and is pursuing its rights on appeal." According to Levitt, CVS has...
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