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Frier Levitt Wins Preliminary Injunction Against PBM for New York Pharmacy

Frier Levitt recently commenced an emergency arbitration against a PBM that had scheduled a termination against a pharmacy client. The PBM had subjected the pharmacy to an audit and had terminated the pharmacy based upon the results of the audit. The pharmacy argued it had presented the PBM with ample evidence to refute the audit results and, after the hearing on the preliminary injunction, the arbitrator found the pharmacy had raised serious questions regarding the PBM’s audit, and he issued an injunction preventing the PBM from terminating the pharmacy at least until a full hearing was completed. This injunction will keep the pharmacy in business while the dispute progresses. This win is significant both because it will keep the pharmacy from closing and because it demonstrates that the pharmacy’s case has a likelihood of success. Frier Levitt is proud to have achieved this exemplary result on behalf of one if its pharmacy clients.

Frier Levitt utilizes federal and state laws to protect pharmacies, including retail, specialty, compounding, hospital-owned and physician dispensers, from network terminations. The firm also leverages such laws to ensure and protect network access for its pharmacy clients. This victory is another demonstration of how Frier Levitt works to curb PBM abuses and maintain clients’ businesses. Contact Frier Levitt today to speak to an attorney.