Have you heard about the Humana lawsuit? If you haven’t, it is a lawsuit filed by a group of female plaintiffs against generic drug’s manufacturer GlaxoSmithKline (GSK), claiming that the company did not provide them with the drugs that they needed to recover from breast cancer. The underlying story goes that these women were never able to obtain the drugs needed to treat their ailments because the manufacturer, as it turns out, did not make any generic versions of the drugs in question. There was, however, an internal review conducted by the company that supposedly showed that these women suffered from breast cancer primarily because the drugs that the company withheld from them caused them to have larger than usual breast tumors. There was no explanation as to how this came to be.
The Humana Lawsuit Explained
The plaintiffs filed their lawsuit against G SK in 2021. On their own behalf, they asked that the drug company be held accountable for the alleged underpayments. They also claimed that the company’s failure to provide these individuals with the treatment they needed to survive breast cancer was a violation of their rights under the provisions of the Medicare Act.
The corporation filed a motion to dismiss the complaint on the basis that Medicare only allows reimbursement for items that are “necessary,” and that the plaintiffs had failed to show that this was the case. In response, the attorneys representing the plaintiffs filed a report in federal court that essentially admitted that the company had engaged in conduct amounting to fraud and had in fact made false statements to both the state and federal authorities. Now, this information is before the U.S. District Court for the Eastern District of Ohio, which is responsible for cases that fall within its jurisdiction.
The plaintiffs will receive a judgment if they can prove that the manufacturer engaged in deceit or did not follow the terms of the Medicare Act.
The manufacturers may attempt to challenge this through both state and federal court, although those who do so must first demonstrate that there is an undue financial risk to the insurer.
Should the insurance companies be unable to do so, or if the claims are found to be based on fraudulent or improper conduct, the case could move forward to the seventh circuit court of Appeals.
In pursuing this lawsuit, the attorneys representing the plaintiffs have to make certain that they obtain all of the discovery that is required under the law.
This means that they need to request copies of any records that were produced as a result of the search of the database, as well as any letters, notes, and other correspondence regarding the investigation that was ordered. In addition to the discovery that is needed, the attorneys need to review any Medicare appeals that the generic drug manufacturer submitted to the Food and Drug Administration.
Finally, human lawsuit said that they will also need to examine the results of any clinical trials that were conducted using human subjects.
There is also a question about whether or not the defendants intentionally conspired to increase the prices of generic drugs while deliberately avoiding telling humana lawsuit that it was taking place.
Specifically, the generic companies are alleged to have agreed to price increases in order to maintain their exclusivity agreements with the FDA. According to the complaint, the defendants made this agreement knowing that they would intentionally avoid talking about the lowering of prices with the FDA.
The lawsuit said that the FDA did not know about the existence of the overarching conspiracy, so it is possible that the lower price increases did not have an effect on the overall health of the general public.
In addition to monetary damages, humana lawsuit said that the alleged conspiracies cost the American economy billions of dollars in lost profits and job losses. These injuries were caused by the reduction in the availability of generic drugs. On top of the financial losses, the people of America are suffering from the loss of quality medical care as well. As such, they are entitled to compensation for their loss.
