Wisconsin couple sues Walgreens and Optum Rx, saying son died after $500 price rise for asthma meds

LA CROSSE, Wis. (AP) — A Wisconsin couple is suing Walgreens and a pharmacy benefits management company, alleging that their son died because he couldn’t afford a sudden $500 spike in his asthma medication.

Shanon and William Schmidtknecht, of Poynette, filed their lawsuit in federal court in Milwaukee on Jan. 21, a year to the day that their son Cole died at age 22.

According to the lawsuit, Cole Schmidtknecht suffered from asthma all his life. He managed it with daily inhaler doses of the medication Advair Diskus and its generic equivalents.

He stopped at a Walgreens pharmacy in Appleton on Jan. 10, 2024, to refill his prescription and was told the cost had jumped from $66 to $539 out-of-pocket. Unable to afford the new cost, he left the pharmacy without the medication. He tried to manage his condition with his rescue inhaler but suffered a fatal asthma attack days later, according to the lawsuit.

The Schmidtknechts allege that pharmacy benefits management company OptumRX violated Wisconsin law by raising the cost of the medication without a valid medical reason and failing to provide 30 days’ advance notice of drug price increases.

Pharmacy benefits managers act as intermediaries between health insurance companies, prescription drug companies and pharmacies. Optum Rx services prescription claims for more than 66 million people across the United States, according to the lawsuit.

The lawsuit alleges that the Walgreens pharmacy staffers failed to offer Cole any workarounds to obtain his usual medication. They told him there were no cheaper alternatives or generic medications available, they didn’t contact OptumRx to request an exception on Cole’s behalf, and they didn’t ask Cole’s doctor to request an exception for him, his parents contend.

The lawsuit seeks unspecified damages.

“The conduct of both OptumRx and Walgreens was deplorable,” one of the family’s attorneys, Michael Trunk, said in a statement. “The evidence in this case will show that both OptumRx and Walgreens put profits first, and are directly responsible for Cole’s death.”

OptumRx spokespeople didn’t immediately reply to Wednesday messages seeking comment. In a statement last April extending sympathy to the family, the company said that a review of Cole’s claims showed that on the day he visited the pharmacy, he did buy a different asthma medication, generic Albuterol, for a $5 co-pay on Jan. 10 — a medication that it says he also obtained in October 2023. His case was handled “consistent with industry practice and the patient’s insurance plan design,” the company said.

Trunk, though, said Wednesday that the $5 generic prescription Cole filled was for his rescue inhaler, not the Advair Diskus inhaler that he took daily. He said Cole was not able to fill his Advair Diskus prescription because it had suddenly become too expensive.

Walgreens officials didn’t immediately respond to a Wednesday email seeking comment on the lawsuit.