AG Nessel Sues Pharmacy Benefit Managers for Role in Opioid Crisis

Michigan Attorney General Dana Nessel has filed a lawsuit against pharmacy benefit managers OptumRX and ExpressScripts for their role in the opioid epidemic in Michigan. Nessel alleges in her lawsuit that OptumRX and ExpressScripts colluded and conspired with opioid manufacturers for years, negotiating with the manufacturers to award favorable placement on their formularies in exchange for financial kickbacks. 

OptumRX and ExpressScripts, together with CVS Caremark, hold more than 80% of the Michigan pharmacy benefit market; Nessel entered a national settlement with CVS Caremark in 2023. 

“Pharmacies, manufacturers and pharmacy benefit managers have reaped huge profits during the opioid epidemic, lining their pockets at the expense of Michiganders struggling with substance use disorder,” Nessel said in a press release. “I am committed to holding companies accountable for their role in this crisis and ensuring that the well-being of Michigan residents always takes precedence over corporate profits.”  

Nessel alleges the PBMs created common-law and statutory nuisance by allowing and promoting opioid use in Michigan and committed negligence in breaching their own contracts by failing to employ reasonable standards of care in the sale, delivery and dispensing of opioids. The attorney general further alleges the PBMs participated in illegal marketing of a controlled substance and that Michigan residents were injured by those who abused those substances, establishing a claim under the Drug Dealer Liability Act.