CAMBRIA COUNTY, Pa (WJAC) — The months-long dispute between pharmacy benefit manager Express Scripts and local drugstore chain Martella’s has reportedly taken another turn.
Despite an active lawsuit against Express Scripts, filed on behalf of Martella’s Pharmacies and its customers, the PBM allegedly terminated its network contract with the family-owned pharmacy overnight.
This is an egregious act by Express Scripts — one that disregards both the law and the people these programs are meant to serve,” said attorney Matthew Scanlon. “When a pharmacy benefit manager takes unilateral action without notifying the state or the patients, it undermines public trust and puts healthcare access for vulnerable patients at risk.
This ongoing dispute began in late July when Express Scripts sent notice to Martella’s and its customers, informing them of an impending network termination.
The potential fallout sparked outcry from customers and local officials, and led to a “grassroots,” community effort to help Martella’s fight back against the planned termination.
In August, many involved in the community effort were part of a class-action lawsuit that was filed against Express Scripts, in Cambria County court.
Despite pushback from the PBM, a local judge ordered a temporary injunction in the case, preventing Express Scripts from finalizing the network termination until further litigation was discussed.
Online documents show that the lawsuit was then moved to federal court after Express Scripts argued that the issues presented in the case should not be heard at the state level.
Attorneys representing Martella’s customers have since amended the lawsuit in an effort to keep the case in state court.
According to a statement from the attorneys, they are now planning to file a temporary restraining order, in federal court, in an effort to “preserve patient access and ensure compliance with provider and regulatory obligations.”
“This situation reflects the worst kind of corporate greed — prioritizing profits over patients,” said attorney Tim Wojton. “This is not a partisan issue; it’s a moral and legal one. Every Pennsylvanian deserves uninterrupted access to their medications and fair treatment under the law.”
The attorneys add that they believe Express Scripts violated its patient-provider agreements.
As we previously reported, Express Scripts alleges that Martella’s “failed to properly disclose the disciplinary histories” of some of its pharmacists, noting that as the reason for its contract termination.
The attorneys are also encouraging customers to continue patronizing Martella’s Pharmacies as the legal battle continues.
“We’re very fortunate, in our community, to have an advocate like Martella’s because they have agreed to continue to fill these scripts. They are not going to be breaking coverage for anybody that has UPMC or High Mark insurance,” adds local activist Ryan Gindlesperger.