Express Scripts Responds to Anthem

Earlier this year, Anthem sued Express Scripts (ESRX) claiming that they were being cheated out of billions of dollars. Now Express Scripts has responded.

Express Scripts filed a response to the suit Tuesday in the U.S. District Court for the Southern District of New York. Express Scripts said it denied Anthem’s allegations “in their entirety” and listed its own counterclaims against Anthem, including the allegations of failing to negotiate in good faith.

Express Scripts is seeking a judgment stating that Anthem does not have a contractual right to any change in pricing under its agreement nor does it have a right to terminate the agreement with Express Scripts.

In addition, Express Scripts claims that Anthem has been “unjustly enriched” by a $4.7 billion cash payout it accepted in 2009 at the beginning of its agreement with Express Scripts.

“Notwithstanding Anthem’s conduct — ESI has at all times been committed to negotiating in good faith in an effort to satisfy its largest commercial client,” Express Scripts said in a federal filing about the lawsuit. The company said it made five separate counter-proposals to Anthem between June 2015 and March 2016, each of which offered “substantial pricing concessions that were well within the range of what Anthem publicly told the market it expected to receive,” according to the filing.

Express Scripts said it is “confident in the strength of its legal position.”

Posted by on April 20th, 2016 at 10:09 am


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