Judge tosses nonprofit pharmacy’s antitrust claims against Express Scripts

A federal judge in Missouri tossed AIDS Healthcare Foundation's antitrust suit against pharmacy benefit manager Express Scripts, ruling the claims should have been raised in a prior 2023 case that was already dismissed.

AHF had accused Express Scripts of using its market power to squeeze out competing specialty pharmacies in Louisiana via its subsidiary Accredo Health Group, and of imposing low reimbursement rates under a 2017 contract.

Judge Maria Lanahan, a Trump appointee, found the new suit sought the same remedies over the same contract and same underlying grievance as the earlier case, meaning Missouri's rule against claim-splitting barred it outright.

AHF argued the facts were new and involved a party not previously sued, but the judge noted the foundation's own filings showed it knew about the reimbursement cuts back in January 2021 — well before the first lawsuit was filed.

The full dispatch is available from the source below.