People are seen shopping in a Walgreens in Manhattan, New York City, Nov. 26, 2021.
Andrew Kelly | Reuters
Walgreens has agreed to pay $100 million to settle a proposed class action lawsuit accusing it of fraudulently overcharging customers for a decade when they bought generic drugs through private insurance, Medicare or Medicaid.
Walgreens was accused of wrongly requiring insured customers to pay more than members of its Prescription Savings Club, who for a low annual fee could buy more than 500 widely prescribed generic drugs for $5, $10 and $15 for 30-day prescriptions, and $10, $20 and $30 for 90-day prescriptions without using insurance.
In a filing on Friday in federal court in Chicago, lawyers for the class of plaintiffs suing the drugstore chain sought approval for the settlement, calling it an “excellent result” for the class.
“We admit no liability and believe these claims never had any merit,” a Walgreens spokesperson said in a statement. “This resolution allows us to focus on our turnaround strategy that will benefit our patients, customers, team members and shareholders.”
The lawsuit alleged that the prices Walgreens charged to its savings club members were its “usual and customary” prices, and that the prices it reported to insurers for reimbursement were inflated. It said that insured customers reasonably believed that they would not pay more than customers who paid out of pocket, but they did end up paying more in the form of copays and deductibles.
The lawsuit sought damages for insured customers nationwide since 2007, when the Prescription Savings Club began.
One condition of the settlement was that Walgreens end the savings club, which it did in August.
The case is Russo et al v. Walgreen Co., U.S. District Court for the Eastern District of Illinois, No. 1:17-cv-02246.
For plaintiffs: Paul Geller of Robbins Geller Rudman & Dowd, Joseph Guglielmo of Scott + Scott and others
For Walgreens: Selina Coleman and Michael Scott Leib of Reed Smith
