State of Michigan Ex Rel Marcia Gurganus v. Cvs Caremark Corp

This case concerns three actions — two class actions and a qui tarn action brought in the name of the state of Michigan — involving allegations that multiple pharmacies in Michigan systematically violated MCL 333.17755(2) by improperly retaining savings that should have been passed on to customers when dispensing generic drugs in the place of their brand-name equivalents. Under MCL 333.17755(2), when a pharmacist receives a prescription for a brand-name drug and instead dispenses the generic equiva*51lent, the pharmacist must “pass on the savings in cost to the purchaser. . . The statute is…