West Virginia AG Brings Latest Lawsuit in Ongoing Opioid Crisis

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  • West Virginia AG J.B. McCuskey, assisted by private outside counsel, filed a federal lawsuit against Optum Inc., United Healthcare’s pharmacy benefit manager, and several affiliated entities, alleging that Optum exacerbated the opioid epidemic in West Virginia through business practices that are unlawful under the West Virginia Consumer Credit and Protection Act and the federal Racketeer Influenced and Corrupt Organizations Act, as well as negligence and other equitable and common-law claims.
  • According to the complaint, Optum allegedly knew the dangers of opioids but conspired with drug manufacturers to deceptively market opioid products, secure preferred formulary placement for opioids in exchange for substantial rebates and fees, and obstruct systems meant to prevent excessive prescribing. The complaint also alleges that Optum sold opioid utilization data to manufacturers who used it to target high-volume prescribers and pharmacies.
  • The lawsuit seeks equitable and injunctive relief, damages, disgorgement, and attorneys’ fees and costs, among other forms of relief.
  • We have previously reported on ongoing AG enforcement efforts to address the opioid epidemic, including a $720 million multistate settlement with eight opioid drug manufacturers; a multistate settlement in principle with Mylan; a $7.4 billion multistate settlement with members of the Sackler family and Purdue Pharma, Inc.; a lawsuit by Kentucky AG Russell Coleman against a major supermarket; a settlement between Alaska AG Treg Taylor and CVS; and two multistate settlements totaling $500 million with Publicis Health, LLC, and Hikma Pharmaceuticals.
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