Frier Levitt Wins Temporary Restraining Order for Texas Pharmacies Facing Network Termination
Frier Levitt recently filed an emergent application for injunctive relief in an arbitration filed on behalf of commonly owned pharmacy clients facing termination by a PBM following an audit of one of the commonly owned pharmacies. The PBM sought to terminate all the pharmacies based on the results of the audit. The commonly owned pharmacies successfully obtained a temporary restraining order against the PBM, enjoining the PBM from terminating the pharmacies. The pharmacies were able to maintain the status quo by arguing that it had presented substantial evidence to refute the findings of the auditor, evidence that the PBM refused to appropriately consider in its decision to terminate the pharmacies. The proofs here were enough to show that the pharmacies raised substantial evidence of a likelihood of success on the merits. As a result of this major victory, the pharmacies can continue serving patients while the merits of the termination are pending. By utilizing state and federal law created to protect independent pharmacies, Frier Levitt helps pharmacy providers who need it the most. If your pharmacy is facing termination of network access, contact Frier Levitt to speak to an attorney.