Twelve independently owned pharmacies have filed a lawsuit against Express Scripts, one of the nation’s largest pharmacy benefit managers (PBMs), challenging how they were reimbursed for prescription medications.
The lawsuit, filed September 15, 2026, contends that Express Scripts repeatedly reimbursed the pharmacies below minimum amounts required under Arkansas law. Poynter Law Group represents the independent pharmacies involved in the case.
Here’s what the lawsuit is about and why it matters for independent pharmacies.
What Happened?
PBMs serve as intermediaries in the prescription drug system and play a significant role in determining how much pharmacies are reimbursed when they fill covered prescriptions.
Arkansas law provides protections intended to prevent pharmacies from being reimbursed below certain drug acquisition costs. One important benchmark is the National Average Drug Acquisition Cost (NADAC), a federal measure designed to reflect what pharmacies pay to acquire prescription medications.
According to the lawsuit, Express Scripts reimbursed the plaintiff pharmacies below the applicable NADAC-based payment floor across tens of thousands of prescription claims.
The pharmacies identified approximately 48,300 prescription transactions they contend were underpaid between August 5, 2025, and March 31, 2026.
What Went Wrong?
Independent pharmacies typically purchase medications before dispensing them to patients. When reimbursement from a PBM falls below the pharmacy’s cost to acquire a medication, the pharmacy may be left absorbing the difference.
The lawsuit contends that these were not isolated reimbursement errors. The pharmacies say underpayments occurred repeatedly across different medications, health plans, and dates.
The complaint also maintains that Express Scripts had access to the information necessary to identify Arkansas claims and apply the state’s reimbursement requirements.
Express Scripts disputes the claims and has stated that it reimburses pharmacies at competitive rates. The case is ongoing, and the allegations have not been proven in court.
Why Does This Matter?
A relatively small loss on one prescription can become significant when repeated across hundreds or thousands of transactions.
For independent pharmacies, reimbursement shortfalls can affect the resources available for medication inventory, employees, delivery programs, and other patient services. These pressures may be especially significant in smaller and rural communities where patients have fewer pharmacy options.
Arkansas has taken several steps in recent years to regulate PBM reimbursement practices. A state law that took effect in 2025 also expanded pharmacies’ ability to bring civil claims for certain reimbursement violations and seek statutory and other remedies.
Poynter Law Group’s Involvement
Poynter Law Group represents the independent pharmacies pursuing the claims against Express Scripts. As an Arkansas-based firm, Poynter Law Group brings knowledge of the state’s pharmacy reimbursement laws and PBM regulatory environment to the litigation.
The lawsuit seeks compensatory and statutory damages, along with other relief related to affected prescription claims and reimbursement practices.
Get in Touch
If you own or operate an independent pharmacy and believe your business may have been impacted by PBM reimbursement practices, Poynter Law Group can help you better understand the issues involved and the protections available under Arkansas law.
Contact Poynter Law Group to share your experience or ask questions about pharmacy reimbursement practices. You can also visit our Express Scripts Pharmacy Reimbursement Lawsuit page for additional information about the case and Poynter Law Group’s involvement.
