Case Name: Achor Family Pharmacy, LLC, et al. v. Express Scripts, Inc.
Case Number: 26SL-CC06268
Court: Circuit Court of St. Louis County, Missouri
Role: Plaintiffs' Counsel
Status: Ongoing

Achor Family Pharmacy, LLC, et al. v. Express Scripts, Inc.

Arkansas Pharmacy PBM Reimbursement Litigation

DiCello Levitt represents Arkansas independent pharmacies in a case against Express Scripts, one of the nation’s largest pharmacy benefit managers (PBMs).

The litigation challenges prescription reimbursements that the pharmacies allege repeatedly fell below Arkansas’s required National Average Drug Acquisition Cost (NADAC) payment floor, putting pressure on pharmacy finances and patient access.

Case Overview

At issue are tens of thousands of prescription transactions across multiple pharmacies. According to the complaint, Express Scripts controlled the systems used to set reimbursement amounts and process claims and had the data needed to apply Arkansas-specific reimbursement rules. The pharmacies say those systems nevertheless produced repeated payments below the state’s NADAC-based reimbursement floor.

Arkansas had already spent years tightening oversight of PBM reimbursement practices. State regulators issued guidance on NADAC minimums, pharmacy appeals, and payment methods, and a 2025 state law gave pharmacies the right to sue and pursue statutory and other remedies for certain reimbursement violations.

For independent pharmacies, the shortfall can hit immediately. They buy and stock medications before reimbursement arrives, so repeated underpayments can reduce working capital available for inventory, staffing, delivery, and other patient services. This case highlights how those pressures can affect pharmacy access, particularly in rural and underserved communities.

The pharmacies seek compensatory and statutory damages, along with court orders aimed at future compliance, reprocessing affected claims, and creating a workable appeals process. The complaint seeks hundreds of millions of dollars in statutory damages.

Working With Arkansas and Missouri Counsel

DiCello Levitt is working closely with Arkansas-based Poynter Law Group and Missouri-based Sapp Law in this litigation, giving independent pharmacists access to local counsel alongside the firm’s national litigation team.

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