CRA provides written testimony in usual and customary pricing class action

Robotic pipette with test tubes

CRA was retained to assess whether members of a proposed class were defrauded and suffered harm as a result of the Defendant identifying its standard retail price for pharmaceuticals as the usual and customary charge (“U&C”) for reimbursement by commercial insurers rather than the prices from the Defendant’s prescription rewards programs. CRA conducted a class-wide analysis using enrollment data, claims data, and drug lists to determine if there was an existence of injury. CRA found that many, if not all, members of the Proposed Class were or reasonably should have been aware of the prices offered through the Defendant’s prescription rewards programs but instead chose to pay for their prescriptions using their insurance benefits or chose not to take advantage of the Defendant’s prescription rewards programs. Determining which members of the proposed class, if any, were unaware of the opportunity to purchase their prescription through Defendant’s prescription rewards programs or otherwise suffered alleged damages as a result of the Defendant’s actions would require individualized inquiry.

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