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CVS Caremark Drug Storage Class Action Lawsuit

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This class action lawsuit claims that CaremarkPCS Health does not have adequate policies and procedures to ensure that certain specialty drugs, including Enbrel, are maintained within the drugs’ required temperature range during storage and distribution, therefore reducing the quality of the drugs.

Caremark operates many mail order pharmacies.  These pharmacies provide a convenient service to individuals who cannot drive to pick up their prescriptions.  In many cases, mail order delivery of prescriptions disrupts the effectiveness of the drugs.

            Enbrel is an expensive drug used for the treatment of five long-term inflammatory diseases.  It must be stored and maintained between a temperature of 36 and 46 degrees Fahrenheit.  Caremark is very aware of these specific temperature requirements, but does not comply with them during storage and distribution.  Other drugs that are treated improperly by Caremark include Actimmune, Avonex, Betaseron, Copaxone, Epogen, Genotropin, Humatrope, Humire, Infergen, Kaletra, Neulasta, Neupogen, Norditropin, Norvir, Procrit, Rapamune, Rebetol, and Sandostatin.

            Several of Caremark’s practices are being challenged in this lawsuit, including:

  • Failing to store and distribute the specialty drugs in the specified temperature ranges during transit between specialty pharmacies such as Caremark and the delivery address supplied by consumers
  • Failing to disclose that mail order pharmacies such as Caremark do not have adequate policies and procedures to ensure that the specialty drugs are maintained within the specified temperature range
  • Failing to disclose that specialty drugs shipped by specialty pharmacies such as Caremark may freeze during transit and no longer be suitable for use
  • Failing to disclose that specialty drugs shipped by specialty pharmacies such as Caremark may exceed the upper temperature limit, reducing their shelf life
  • Failing to disclose that specialty drugs shipped by specialty pharmacies such as Caremark should be discarded for failing to meet FDA guidelines

One plaintiff in this case, Amburgey, is a resident of Orange County, California.  She has Enbrel prescription and regularly relied upon Caremark to deliver her drugs.  She believes that her health was threatened by Caremark’s actions, and that they should be held legally responsible for their acts.

Based on the facts of the case, the plaintiffs allege that Caremark violated the California Consumers Legal Remedies Act, the Unfair Competition Law, and committed Breach of Express Warranty.

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