Originally published on Nov 14, 2018.

 

Three members of AIPW (“Movants”) have filed to reopen the case against Optum Rx which challenges the validity and legality of Optum Rx’s VAWD Accreditation requirement for the suppliers of their network pharmacies.
Original Filing, November 2016
The Association of Independent Pharmaceutical Wholesalers Inc. (AIPW), based in Pine Brook, N.J., filed its original complaint in the U.S. District Court for the District of Columbia on November 4, 2016. AIPW brought six counts against the Defendant, the first three primarily centering around that by implementing the requirement, Optum Rx was “rulemaking” as an agent of the government; and the latter three centered around the idea that the policy was in violation of the California Unfair Practices Act.
Plot, November 2016 through August 2018
Covered extensively in our article (read here), the judge was not overly convinced by AIPW claims. In regards to the “rulemaking” as an agent of the government, she noted the massive ripple effect that qualifying Optum Rx as an agent of the government would have. Against the latter three, she questioned whether the jurisdiction was appropriate, as they focused on California law.
Settlement, August 2018
The AIPW v. Optum Rx was settled in August 2018 – in consideration for agreeing to discontinue the Action and covenanting not to sue Optum Rx et. al, AIPW members would receive an additional extension from the VAWD requirement, through December 31, 2018.
Reopening the Case, November 2018
The legal strategy being pursued to have the United States District Court, District of Columbia allow the Movants to reopen the case FRCP 60(b): the Movants claim that the previous law firm did not fully/properly represent their interests through “excusable neglect” and also because they were not involved in the final settlement discussions/voting.
Next Steps, November 2018
If companies are interested in strategies to pursue with the current outlook or more information on the revived lawsuit against Optum Rx, please reach out to hello@fiveriversrx.com. More information as it breaks!

 

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