151578P.pdf 01/11/2016 Grasso Enterprises v. Express Scripts
U.S. Court of Appeals Case No: 15-1578
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Loken, Author, with Beam and Shepherd, Circuit Judges]
Civil Case -
Human Medications, Human Drugs, Animal Medications, Animal Drugs, Pharmacy law, Pharmaceutical law, Compounding law, Sterile and Non Sterile Compounding 797 Compliance, Veterinary law, Veterinary Compounding Law; Health Care; Awareness of all Types of Compounding Issues; Pharmacy Benefit Managers (PBMs), Outsourcing Facilities Food and Drug Administration and Compliance Issues
Monday, January 11, 2016
Compounders lose appeal against Express Scripts: Court holds that in this interlocutory appeal, the district court did not abuse its discretion in denying a preliminary injunction. Plan beneficiaries have an adequate remedy at law and there is no need for injunctive relief under section 502(a)(3) or for equitable relief under section 502(a)(1)(B). Alternatively, the compounding pharmacies lack standing under ERISA to assert harm to themselves, as they are not "beneficiaries" and are not entitled to the procedures established by thee claims regulations. The district court's order denying a preliminary injunction is affirmed.
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