Ninth Circuit Reinstates HIV Discrimination Claims Against CVS Prescription Drug Mail-Order Program, Says Consumer Watchdog
Retrieved on:
Thursday, December 10, 2020
"This decision is an important victory for HIV patients who sought to vindicate their health care rights and obtain their life-sustaining medications in medically-appropriate manner," said Jerry Flanagan of Consumer Watchdog.
Key Points:
- "This decision is an important victory for HIV patients who sought to vindicate their health care rights and obtain their life-sustaining medications in medically-appropriate manner," said Jerry Flanagan of Consumer Watchdog.
- The plaintiffs are represented by attorneys for Consumer Watchdog and Whatley Kallas, LLP.
- The Ninth Circuit held that the Plaintiffs' complaint properly alleged the CVS mail order program resulted in a "loss of meaningful access" to the broader prescription drug benefit because the program "causes them substantial difficulties and puts their privacy at risk."
- The ruling remands the case to the U.S. District Court for the Northern District of California in San Francisco for further action.