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An anonymous Californian has filed a
class action suit against United Healthcare Insurance, mail order pharmacy
OptumRx, Pacificare Life and Health Insurance, and UnitedHealth Group for
forcing HIV-infected patients to obtain HIV medications through the mail. “John
Doe” claimed that receiving HIV drugs via mail violated his privacy since HIV
medications that arrived in refrigerated containers would alert co-workers or
neighbors to his infection. The suit also noted that the mail order protocol
specifically targeted HIV/AIDS patients and deprived them of full access to
clinical pharmacists who knew the patient’s history and medication. The suit
charged that mail-order service increased the risk of delayed or lost shipments
and provided no back-up plan for obtaining medicines at a retail outlet.
Since the HIV virus can mutate in a
way that requires medication adjustments, Doe alleged that the mail-order
protocol could result in delays in switching to new medication regimens. Doe
described OptumRx service as “poor” and claimed the company had dispensed both
old and new HIV medications incorrectly. HIV patients were required to call a
1–800 number monthly to obtain refills on medications.
Doe stated that patients were not
allowed to opt out of the mail delivery service, although some had obtained permission
after repeated complaints. The suit sought “actual, compensatory, statutory,
and exemplary damages for unfair competition, common counts, and
assumpsit/common law restitution; breach of implied covenant of good faith and
fair dealing; and violation of the Unruh Civil Rights Act.”
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
