A couple from Wisconsin is taking legal action against Walgreens and a pharmacy benefits management firm, claiming that their son’s death was a result of his inability to afford a sudden increase in the price of his asthma medication. Shanon and William Schmidtknecht, residents of Poynette, filed their lawsuit in Milwaukee federal court on January 21. This date marks the first anniversary of their 22-year-old son Cole’s passing.
The lawsuit details that Cole Schmidtknecht had been living with asthma for his entire life and had been managing the condition by taking daily doses of Advair Diskus, along with its generic versions. On January 10, 2024, Cole arrived at a Walgreens in Appleton to refill his medication but was shocked to discover that the cost had surged from $66 to $539 out-of-pocket. Faced with this exorbitant price increase, Cole left without his medication. Though he attempted to use his rescue inhaler, he experienced a fatal asthma attack just days later, as stated in the lawsuit.
The Schmidtknechts allege that OptumRX, the pharmacy benefits management company, violated state laws in Wisconsin by raising the drug’s price without any legitimate medical justification and for not providing a 30-day advance notice regarding the price hike. Pharmacy benefits managers, like OptumRX, serve as intermediaries between pharmacies, insurance providers, and drug manufacturers. According to the lawsuit, OptumRX handles claims for over 66 million people in the United States.
The complaint also suggests that staff at the Walgreens pharmacy failed to assist Cole in exploring alternative options to afford his regular medication. They reportedly informed him that there were no less expensive alternatives or generics available, did not contact OptumRX to advocate on his behalf, nor did they ask for an exception from his doctor, as claimed by his parents.
The Schmidtknechts are seeking unspecified financial damages in their lawsuit. One of their attorneys, Michael Trunk, expressed that the actions of both OptumRX and Walgreens were unacceptable. He stated, “The evidence in this case will show that both OptumRX and Walgreens prioritized profits over patient welfare, leading directly to Cole’s tragic death.”
As for public response, representatives from OptumRX did not immediately provide comments regarding the lawsuit. In a statement made last April, the company expressed condolences to the Schmidtknecht family and indicated that records from Cole’s visit showed he had purchased a different asthma medication, a generic version of Albuterol, for a $5 co-pay on that day. They maintained that his case was processed according to industry standards and his insurance plan’s guidelines.
However, Trunk clarified that the $5 prescription was for Cole’s rescue inhaler and not the Advair Diskus he relied on for daily management of his asthma. He argued that Cole was unable to fill the prescription for Advair Diskus due to the sudden price increase. Walgreens officials had not yet responded to inquiries regarding the lawsuit as of Wednesday.
