The lawsuit, filed in New Jersey federal court by Ann Lewandowski, a healthcare policy and advocacy director, accuses Johnson & Johnson of breaching its duty under the federal Employee Retirement Income Security Act of 1974 (ERISA) to prudently manage employee benefit plans.
The plans, for example, pay $1,629 for a 90-pill prescription of HIV antiviral drug abacavir-lamivudine that costs pharmacies about $180, according to the complaint. And while prescriptions of teriflunomide, used to treat multiple sclerosis, typically cost no more than $77 out of pocket, Johnson & Johnson's health plans pay $10,200, the lawsuit claims.