West Virginia Attorney General JB McCuskey has filed a new lawsuit against a health care company for its role in the opioid crisis in West Virginia.
The suit alleges that Optum, a subsidiary of United Healthcare and other affiliated companies, contributed to the widespread oversupply of opioids into West Virginia communities. Optum is a pharmacy benefit manager, a third-party administrator of prescription drug programs.
“Optum played a key role in the man-made medical crisis that destroyed countless lives and decimated our state,” McCuskey said in a press release. “When Optum came into West Virginia around 2010, it knew the toll that opioids were exacting on West Virginia families and communities. We called it a crisis. Optum saw a business opportunity. And in its greed, Optum chose to make things worse. It is time that Optum, whose critical role was previously unknown, is held accountable.”
The state’s suit alleges Optum promoted claims that opioids were safe and non-addictive and conspired with drug manufactures to increase opioid supplies. The suit also alleges the company penalized clients who tried to curb opioid abuse with dispensing restrictions and also engaging in a “pay to avoid prior authorization” scheme, allowing manufacturers to pay Optum a premium to evade restrictions on opioids.
The lawsuit was filed Monday in the United States District Court for the Northern District of West Virginia and is the state’s second lawsuit filed against what are called pharmacy benefit managers.
McCuskey said prior to filing, Optum was given an opportunity to take responsibility for its choices but refused.
“My office will hold Optum accountable, along with anyone who helped kill West Virginians with deadly opioids. It’s impossible to put a price on the life of even one of my fellow Mountaineers, but our investigation shows that Optum caused billions of dollars of harm nationwide, and West Virginia will get what it is due,” McCuskey said. “We are turning a corner in West Virginia. Last year was the first year since the beginning of the opioid crisis that our state saw a decrease in opioid-related deaths. Now is the time to finish the job started by General Morrisey.”
West Virginia has already started receiving and distributing hundreds of millions of dollars in opioid settlement funds from lawsuits against pharmaceutical companies.
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