West Virginia A.G. Office announces lawsuit against alleged "architect" of the opioid crisis, Express Scripts

West Virginia is suing pharmacy benefit manager Express Scripts (now Evernorth Health), accusing the company of fueling the state's opioid crisis. Attorney General J.B. McCuskey alleges the company prioritized profits by weakening safeguards, manipulating opioid access, and ignoring misuse data.

CHARLESTON West Virginia is suing one of the nation’s largest pharmacy benefit managers, alleging the company played a central role in fueling the state’s opioid epidemic.

Attorney General J.B. McCuskey announced the lawsuit Monday against Express Scripts, now known as Evernorth Health. The case was filed in the U.S. District Court for the Northern District of West Virginia.

The lawsuit claims Express Scripts prioritized profits over public safety by manipulating opioid access, weakening safeguards meant to curb abuse, and ignoring data that showed widespread misuse. It also accuses the company of violating state and federal law, including consumer protection statutes and RICO provisions.

McCuskey said Express Scripts influenced which drugs were covered and at what price, while profiting from every stage of opioid transactions.

“The opioid crisis is a direct result of greed and evil. Opiod manufacturers have been held accountable; now it’s time for others who illegally profited behind the scenes to pay the price,” McCuskey said.

The attorney general argued that instead of limiting the spread of opioids, the company encouraged it by offering favorable placement on drug formularies, eliminating prescribing restrictions, and mailing opioids without adequate oversight.

“Pharmacy Benefit Managers like Express Scripts not only fueled the crisis through their formulary placements of the pills, but they had every tool at their disposal to alertthem to how addictive and destructive opioids are,” McCuskey said.

Other states, including Kentucky and Utah, have filed similar lawsuits against Express Scripts. In those cases, the company said it worked to combat opioid abuse and would contest the allegations.

McCuskey said West Virginia is seeking financial penalties to hold the company accountable, noting that the damage to families and communities across the state cannot be measured in dollars.

PHOTO | Freepik & WV AG's Office