CVS Caremark Investigation
June 19, 2009

Finkelstein Thompson LLP is currently investigating claims that CVS Caremark Corporation is violating the medical confidentiality rights of their pharmacy patients, and harming patients and competitor pharmacies by penalizing patients who fill prescriptions with competitor pharmacies. 

With regard to alleged violations of confidentiality rights, CVS Caremark allegedly  analyzed prescription information to determine which of their customers were likely being treated for type 2 diabetes. The company then sent letters to these customers' physicians urging them to consider prescribing Januvia-a newer drug that is as much as eight-times more expensive than other diabetes treatments and is less effective than comparable treatments.  CVS Caremark allegedly accepted payments from Merck and Co., which manufactures the diabetes drug Januvia, to use CVS customers' private health records to mail letters to physicians promoting Januvia.  It is alleged that the Merck agreement may be one of a number of similar agreements CVS Caremark has entered into with drug manufacturers that involve use of confidential patient information and involve promoting more expensive and less-effective drugs in exchange for payments from the drug manufacturers.

With regard to alleged conduct penalizing patients who fill prescriptions with competitive pharmacies, CVS Caremark allegedly requires their customers to pay higher copayments for drugs when they purchase them at non-CVS pharmacy stores. The company has allegedly directly mailed customers letters urging them to shop at CVS retail pharmacies, or else threatening anywhere between $5 and $50 in punitive co-pay differentials each time they shop at a non-CVS pharmacy. 

Finkelstein Thompson LLP is investigating potential claims on behalf of CVS Caremark customers, pharmaceutical payers, and competitor pharmacies.  If you believe you may have been affected by CVS Caremark's improper practices and are interested in participating in our investigation, please contact us at our toll free number 877-800-1450 or by email at This email address is being protected from spam bots, you need Javascript enabled to view it .