News
On June 7, 2024, Roger Lewis argued an appeal before the U.S. Court of Appeals for the Ninth Circuit in a case brought against Express Scripts (and its parent Evernorth) under the False Claims Act. At issue is whether Express Scripts, which is contracted to run pharmacy services for the government's healthcare program for active and retired military and their families (Tricare), over-charged the government by refilling prescriptions every 60 days on 90-day prescriptions (and every 20 days on 30-day prescriptions), resulting in billions-of-dollars in wasted medicine and dispensing fees. The Ninth Circuit appeal focuses on the district court's dismissal of the complaint on public disclosure grounds, involving important FCA issues such as the scope of the public disclosure rule, the original source exception, and the role of corporate relators in FCA cases. The case implicates billions of dollars in alleged overcharges by Express Scripts.
Goldberg Kohn joined the case as lead counsel for Relator after the complaint filed by a different firm was unsealed in 2022, following government declination