ST. LOUIS • A federal judge Thursday dismissed a lawsuit filed by six out-of-state pharmacies that claimed Express Scripts stole clients by misusing customer information provided by the pharmacies and forcing customers to switch to Express Scripts mail order pharmacy.
The lawsuit claimed Express Scripts violated federal law by using patient data in that way, but U.S. District Judge Ronnie White ruled that there was no "private cause of action" under those laws and only patients, not pharmacies, can authorize how patient information is used. He also wrote that pharmacy agreements allowed the company to refill prescriptions through its own mail order pharmacy, and to use customer information to do so. White also rejected all the pharmacies' other claims.
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The suit was filed in 2018 by Trone Health Services Inc., Reddish Pharmacy Inc., Jabos Pharmacy Inc., Oak Tree Pharmacy, Apex Pharmacy and Amrut Jal LLC, which serve customers in Idaho, Tennessee, Oregon and Indiana. The pharmacies claim they are required to share customer information with Express Scripts.
An Express Scripts representative said the company was "pleased with the decision." Express Scripts, based in north St. Louis County, was acquired last year by insurer Cigna Corp.Â
