A proposed class action lawsuit claims defendant CaremarkPCS Health, L.L.C. violated California consumer protection laws. At the heart of the 30-page complaint is Enbrel, an expensive drug used to treat five long-term inflammatory diseases, as well as all other refrigerated specialty drugs dispensed and shipped by the defendant. Enbrel, the lawsuit says, must be stored and maintained between 36 and 46 degrees Fahrenheit.
The plaintiff alleges the defendant, despite being well aware of Enbrel and other specialty drugs’ particular temperature needs, does not have adequate policies in place to ensure such medications are “maintained within that drug’s required temperature range during storage and distribution.” The lawsuit takes particular aim at the defendant’s alleged failure to store and distribute its specialty drugs at the correct temperature ranges during transit; its alleged failure to disclose that mail-order pharmacies (like the defendant) do have appropriate policies and procedures to ensure specialty drugs are properly maintained and shipped; and, among other allegations, its alleged failure “to disclose that specialty drugs shipped by specialty pharmacies [such as the defendant] may freeze during transit and [are] no longer suitable for use.”
The case lists the below “specialty drugs” as possibly being affected by the defendant’s conduct: