Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation v. State

¶ 56. Because the State wholly'failed to prove fraud or a violation of the Consumer Protection Act, I dissent. But before I can discuss the merits of this decision, I must provide necessary evidence omitted from Justice Chandler’s opinion.

¶ 57. The State claims that Mississippi’s Division of Medicaid (Medicaid) over-reimbursed pharmacies for certain generic drugs because manufacturers intentionally published a price — called the Average Wholesale Price, or AWP — for its drugs that whs not an actual average arid was higher than it should have been.' Specifically, the State claims that, because…