Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE County Administrator, in consultation with the County Attorney’s Office, to submit a claim and to take any other actions required to participate in the class action settlement in the lawsuit Russo, et al. v. Walgreen Co., Case No. 1:17-cv-02246 (N.D. Ill.); authorize the County Administrator to negotiate and execute an agreement for technical assistance in preparing the claim, subject to review and approval for legal sufficiency by the County Attorney’s Office; and authorize the County Administrator to take all necessary administrative and budgetary actions related thereto.
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Why Action is Necessary
Board approval is necessary to file a claim.
What Action Accomplishes
Provides the County Administrator with the authority to file a claim.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The case Russo, et al. v. Walgreen Co. is a class action lawsuit alleging that Walgreens inflated its usual and customary prices by failing to account for the lower prices offered through its Prescription Savings Club. As a result, insured customers and third-party payors allegedly overpaid for prescription drugs.
The Court has approved a proposed $100,000,000 settlement to resolve all claims against Walgreens. The settlement class includes all individuals and entities in the United States who, between January 1, 2007, and November 18, 2024, paid, in full or in part, for one or more prescription drugs from Walgreens where prescription insurance benefits were used in filling the prescription. Eighty percent of the $100,000,000 settlement fund (after deductions for attorney’s fees and expenses) is reserved for approved claims by third-party payor entities.
The County recently learned it may be eligible to receive funds from this settlement. The deadline to submit a claim is currently April 17, 2025. Since the County does not maintain all required claims data, and the information needed to submit a claim is extensive and required in a particular format, the County anticipates engaging United Healthcare, the County’s third-party administrator, through OptumRx, to prepare and file the claim. If this item is approved, the County Administrator, in consultation with the County Attorney’s Office, will negotiate terms with United Healthcare regarding its fee for this service and will execute, on behalf of the County, the resulting agreement on the terms and conditions that the County Administrator determines are fair and reasonable, subject to review and approval as to legal sufficiency by the County Attorney’s Office. The total cost to the County under the agreement will not exceed a percentage (estimated to be less than 18%) of the County’s actual recovery in the settlement.
At this time, the amount the County may receive from the settlement is unknown and is dependent upon the class members who submit valid claims.
Source of Additional Information
Adam Katzman, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Unknown at this time.