U.S. ex rel. Behnke v. CVS Caremark Corp. et al. – Challenging the False Reporting of Medicare Drug Prices

Berger Montague represents the whistleblower, Sarah Behnke, in this False Claims Act whistleblower case against CVS Caremark Corp. (including its pharmacy benefit manager subsidiary, CVS Caremark) for causing two Medicare Part D Plan Sponsors, Aetna and SilverScript, to report false and inflated drug prices for purchases made at three national chain pharmacies (Walgreens, Rite Aid, and CVS pharmacies), causing the federal government to overpay for these generic drugs.

In its summary judgment decision on April 2, 2024, the United States District Court for the Eastern District of Pennsylvania granted partial summary judgment in favor of the whistleblower, ruling as a matter of law that some of the reported prices were false (leaving to the jury to decide whether additional reported prices also were false).  The Court also rejected the CVS Health defendants’ attempt to have the claims dismissed without trial.

If you are a whistleblower seeking representation concerning a potential qui tam / whistleblower / False Claims Act case, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Wilmington, Del., and Washington, D.C.

Contact: David F. Sorensen, 267-979-8943, [email protected].