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ST. LOUIS RECORD

Thursday, March 28, 2024

Express Scripts claims Kaleo failed to pay rebates, fees

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ST. LOUIS — Pharmacy benefit managers are suing a pharmaceutical company citing alleged breach of rebate agreements.

Express Scripts Inc. and Express Scripts Senior Care Holdings Inc. filed a complaint on May 16 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Kaléo Inc. alleging that the pharmaceutical company failed to perform its contractual obligations.

According to the complaint, the plaintiffs allege that Express Scripts Inc. and Express Scripts Senior Care Holdings Inc. suffered damages for not receiving rebates and administrative fees of more than $14.5 million. The plaintiffs hold Kaléo Inc. responsible because the defendant allegedly repeatedly failed and refused to pay rebates and administrative fees to plaintiffs.

The plaintiffs request a trial by jury and seek an award of money due under the rebate agreement of not less than $13 million and medicare rebates of not less than $1.5 million, plus interest and all additional or different relief as the Court deems just and proper. They are represented by Michael J. Lyle and Jonathan G. Cooper of Quinn Emanuel Urquhart & Sullivan LLP in Washington, D.C., and Sarah Hellmann of Husch Blackwell in St. Louis.

U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-01520

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