Arkansas Pharmacy Express Scripts Lawsuit

DiCello Levitt and co-counsel are representing independent Arkansas pharmacies in litigation against Express Scripts over prescription drug reimbursements that allegedly fell below the minimum amounts required by Arkansas law.

If your pharmacy received reimbursements from Express Scripts for prescriptions filled in Arkansas, you may have claims related to those payments.

Please complete the form to learn whether your pharmacy may be eligible to participate.

See If Your Pharmacy Is Eligible

What is the full legal name of the entity that owns or operates the pharmacy?(Required)

Please use the name shown in formation or ownership records.

Does the pharmacy operate under a different name?(Required)

What name does the pharmacy use when doing business?

Does the entity operate, or did it operate, a pharmacy located in Arkansas on or after August 5, 2025?(Required)

What is the pharmacy's current operating status?(Required)

Please briefly explain the pharmacy's operating status.

On or after August 5, 2025, did the pharmacy fill prescriptions adjudicated or reimbursed by Express Scripts or an Express Scripts affiliate?(Required)

Does the pharmacy currently fill prescriptions processed by Express Scripts?(Required)

Can the pharmacy export electronic prescription-claims data beginning August 5, 2025?(Required)

Has anyone identified claims for which Express Scripts' ingredient reimbursement was below NADAC or the pharmacy's acquisition cost?(Required)

Is any direct or indirect owner domiciled in Missouri or Delaware, or organized under the laws of either state?(Required)

Please identify the owner.

Has the pharmacy signed any settlement, release, waiver, or other agreement concerning Express Scripts reimbursement claims?(Required)

Has the pharmacy sold, assigned, pledged, or otherwise transferred any Express Scripts claims or reimbursement rights?(Required)

Please identify the recipient or arrangement.

Is the pharmacy represented by another attorney concerning these claims, or has it filed another lawsuit, arbitration, or administrative proceeding concerning them?(Required)

Please identify the counsel or proceeding.

Are you authorized to provide information on behalf of the pharmacy?(Required)

What is the authorized contact's first name?(Required)

What is the authorized contact's last name?(Required)

What is the authorized contact's title?(Required)

What is the authorized contact's email address?(Required)

What is the authorized contact's telephone number?(Required)

Arkansas Pharmacies Are Taking Action Against Express Scripts

Independent pharmacies have filed a lawsuit alleging that Express Scripts repeatedly reimbursed them less than Arkansas law requires for prescription drugs.

The case, Achor Family Pharmacy, LLC, et al. v. Express Scripts, Inc., challenges tens of thousands of prescription transactions in which the pharmacies allege payments fell below Arkansas’s required National Average Drug Acquisition Cost (NADAC) reimbursement floor.

The pharmacies are seeking damages and other relief for alleged reimbursement violations.

Additional Arkansas pharmacies may be eligible to bring claims.

Who Should Contact Us

Your pharmacy may be eligible to participate if:

You own or operate an independent pharmacy in Arkansas
Your pharmacy filled prescriptions reimbursed by Express Scripts
Your pharmacy received reimbursements that may have fallen below the applicable NADAC reimbursement floor

You do not need to determine on your own whether individual transactions were underpaid. Our team will evaluate your pharmacy’s potential claims and explain what information may be needed.

Why These Reimbursements Matter

Independent pharmacies often purchase and stock medications before receiving reimbursement from pharmacy benefit managers.

When reimbursement falls below legally required amounts, pharmacies may be forced to absorb the difference. Across repeated prescription transactions, those shortfalls can place added pressure on pharmacy finances, inventory, staffing, delivery, and other patient services.

Arkansas has enacted laws and regulations governing PBM reimbursement practices, including requirements tied to below-NADAC transactions. The lawsuit alleges that Express Scripts failed to comply with those requirements across tens of thousands of transactions.

What Is the Arkansas Pharmacy Lawsuit?

DiCello Levitt, a national complex litigation firm, Arkansas-based Poynter Law Group, and Missouri-based Sapp Law represent independent Arkansas pharmacies in Achor Family Pharmacy, LLC, et al. v. Express Scripts, Inc.

The lawsuit alleges that Express Scripts controlled the systems used to calculate reimbursements and process pharmacy claims and had the information necessary to apply Arkansas-specific reimbursement requirements. Despite that, the pharmacies allege that Express Scripts repeatedly issued payments below Arkansas’s NADAC-based reimbursement floor.

The plaintiffs are seeking compensatory and statutory damages, as well as other relief.

See If Your Pharmacy May Be Eligible

If your Arkansas pharmacy received prescription reimbursements from Express Scripts, contact us to learn whether your pharmacy may have claims.

Complete the form, and our team will review your information.

Frequently Asked Questions

Who is eligible to participate in the lawsuit?

Eligibility will depend on your pharmacy’s circumstances and reimbursement history. Independent Arkansas pharmacies that received prescription reimbursements from Express Scripts may have potential claims.

Do I need to know which prescriptions were underpaid?

No. You do not need to identify every potentially affected transaction before contacting us. Our team can discuss what records are available and what information may be needed to evaluate your pharmacy’s claims.

What is NADAC?

The National Average Drug Acquisition Cost, or NADAC, is a federal benchmark reflecting pharmacies’ acquisition costs for prescription drugs. Arkansas law uses NADAC in connection with certain minimum pharmacy reimbursement requirements.

What is a pharmacy benefit manager?

A pharmacy benefit manager, or PBM, administers prescription drug benefits and plays a significant role in determining how pharmacies are reimbursed for prescriptions. Express Scripts is one of the nation’s largest PBMs.

Has a lawsuit already been filed?

Yes. The lawsuit is Achor Family Pharmacy, LLC, et al. v. Express Scripts, Inc., Case No. 26SL-CC06268, pending in the Circuit Court of St. Louis County, Missouri.

Can additional pharmacies still participate?

Yes. DiCello Levitt and co-counsel are speaking with additional Arkansas pharmacies that may have claims involving Express Scripts reimbursements. Contact us to determine whether your pharmacy may be eligible.

What information will I need?

Information about your pharmacy, its ownership, its relationship with Express Scripts, and its prescription reimbursement history may be relevant. You can contact us even if you do not yet have all of those records assembled.

Is there any cost to participate?

No. There is no upfront cost to have our team evaluate your pharmacy’s potential claim. If your pharmacy becomes a client, the terms of the representation will be explained in the engagement agreement, which outlines a traditional contingency fee arrangement.

Your pharmacy may have a claim against Express Scripts.