Overview
Cohen Milstein represents Ann Lewandowski, a current employee of Johnson & Johnson, who claims that the pharmaceutical giant mismanages its own Group Health Benefits Plans’ prescription drug program, costing employees millions of dollars in the form of higher payments for prescription drugs, higher out-of-pocket costs and co-pays, and, ultimately, lower wages in violation of the Employee Retirement Income Security Act (ERISA).
Plaintiffs allege that the prices charged for so-called “specialty drugs” purchased through a specialty pharmacy, Accredo, which is affiliated with Johnson & Johnson’s pharmacy benefits manager (PBM), Express Scripts, are especially expensive – way above other retailers.
An example of this stark disparity: Multiple sclerosis drug, Teriflunomide (the generic form of Aubagio) – A 90-pill prescription for the generic drug costs $40.55 at Wegmans, $41.05 at ShopRite, $76.41 at Walmart, $77.41 at Rite Aid, and $28.40 at Cost Plus Drugs online pharmacy (without insurance), while the same 90-pill prescription costs Johnson & Johnson health plan participants $10,239.69.
The class action seeks to stop Johnson & Johnson from mismanaging its prescription drug program and to recover excess payments on behalf of Johnson & Johnson’s health plans and the participants and beneficiaries of those plans.
Important Dates & Rulings
- On January 21, 2026, plaintiffs appealed the court’s January 12, 2026 decision to dismisss plaintiffs’ second amended complaint on Article III standing grounds.