Judge dismisses AIDS Healthcare Foundation's antitrust suit against Express Scripts
A federal judge in St. Louis threw out the AIDS Healthcare Foundation's antitrust claims against Express Scripts, ruling the issues should have been raised in an earlier case.
In a St. Louis federal courtroom, Judge Maria A. Lanahan dismissed the AIDS Healthcare Foundation's antitrust action against Express Scripts and its subsidiary Accredo Health Group Inc. The decision hinged on Missouri’s claim-preclusion rules, which bar parties from re-litigating the same factual allegations after a prior judgment. The foundation’s earlier suit, dismissed in February 2023 for lacking a viable claim, addressed the same 2017 Pharmacy Provider Agreement and sought identical relief.
Lanahan emphasized that the 2024 filing raised no new operative facts and therefore violated the prohibition on claim splitting. The foundation’s contention that the involvement of Accredo introduced new issues was not persuasive. Both lawsuits aimed to block Express Scripts from enforcing the contract terms and to obtain monetary damages. Neither side provided immediate comment following the ruling.
Why it matters
The dismissal prevents a nonprofit pharmacy from pursuing further antitrust relief against a major pharmacy-benefit manager.
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