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LEGAL NEWSLINE

Thursday, November 14, 2024

Attorney General files lawsuit against PBMs over role in Arkansas opioid crisis

State AG
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Attorney General Tim Griffin | Official Website

LITTLE ROCK – Attorney General Tim Griffin announced today that he has filed a lawsuit against pharmacy benefit managers (PBMs) Optum, Inc., and Express Scripts, Inc., along with their subsidiaries, for their alleged roles in contributing to the opioid epidemic in Arkansas. In his statement, Griffin said, "Pill by pill and dollar by dollar, PBMs enabled the opioid epidemic in Arkansas. Today, we begin the process of holding them accountable for their roles in a crisis that has ravaged our state—a crisis they helped cause, contributed to, and furthered."

Griffin accused the PBMs of financially benefiting from the opioid crisis by negotiating favorable deals with opioid manufacturers while neglecting the interests of Arkansans who received prescriptions. He stated that instead of protecting consumers by leveraging data to curb excessive prescriptions, PBMs focused on financial incentives from manufacturer rebates to drive profits at the expense of people.

Between 2006 and 2014, Arkansas was inundated with almost 1.5 billion units of addictive opioids. By 2016, Arkansas had the second-highest opioid prescription rate in the nation, with 114.6 opioids being dispensed for every 100 residents—nearly twice the national average and enough to supply every man, woman, and child in Arkansas with 78 opioid doses each.

The lawsuit was filed in Pulaski County Circuit Court. It alleges that the PBM defendants created a public nuisance through their actions, were negligent in their conduct, and unjustly enriched themselves.

To read a copy of the lawsuit, click here.

About Attorney General Tim Griffin:

Tim Griffin was sworn in as the 57th Attorney General of Arkansas on January 10, 2023. He previously served as the state's 20th Lieutenant Governor from 2015-2023 and as the representative of Arkansas’s Second Congressional District from 2011-2015. During his tenure in Congress, he served on several committees including Ways and Means; Armed Services; Foreign Affairs; Ethics; Judiciary; and also served as a Deputy Whip for the Majority.

Griffin has been an officer in the U.S. Army Reserve Judge Advocate General’s (JAG) Corps for over 28 years and currently holds the rank of colonel. In addition to his military service at Fort Campbell and Mosul with the 101st Airborne Division (Air Assault), he is presently serving as Commander of the 2d Legal Operations Detachment in New Orleans.

His previous assignments include commanding positions at Fort Liberty (née Bragg) and advisory roles at The Pentagon. Griffin earned a master’s degree in strategic studies from the U.S. Army War College.

Griffin's legal career includes serving as U.S. Attorney for Eastern District of Arkansas and various special assistant roles under President George W. Bush's administration.

A graduate of Magnolia High School, Hendrix College, Tulane Law School, and Oxford University graduate school attendee, Griffin is admitted to practice law in Arkansas (active) and Louisiana (inactive). He resides in Little Rock with his wife Elizabeth and their three children.

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