Class Action Lawsuit Seeks Medicare Beneficiaries Serviced by SilverScript That Have Paid Excessive Copayments

Frier Levitt announced today a search for Medicare beneficiaries with Part D coverage through SilverScript Insurance Company (“SilverScript”) that may have paid excessive copayments for a possible class action lawsuit. Medicare beneficiaries with Part D benefits that pay more than $200 out of pocket for covered medications may have claims against SilverScript for overpaying for medications year after year and may be able to serve as a class action representative. Upon success, class action representatives are not only compensated for their loss, but also receive payment for their service as a class action representative.

Medicare beneficiaries that participate in SilverScript may have overpaid for the drug benefit copayment. SilverScript, the largest Medicare-approved Part D prescription drug plan provider, is a wholly owned subsidiary of CVS Health, Inc., which also owns and operates CVS Caremark, a Pharmacy Benefit Manager. SilverScript calculates Medicare beneficiary out of pocket copayments based in part on the amount of money that Caremark, who processes prescription drug claims, pays to the participating pharmacy at the point of sale. Through utilization of Direct and Indirect Remuneration Fees (“DIR Fees”), SilverScript and Caremark may have inflated the initial costs of medication paid to the pharmacy at the point of sale, only to reduce the amount paid to pharmacies months later, well after patients have received their medications.

The damage to Medicare beneficiaries occurs because SilverScript does not re-calculate the Medicare beneficiaries’ copayment and is believed to not refund the excess copayment made by patients. Patients paid a copayment at the point of sale based on a price set by SilverScript and Caremark that may not have been accurate.  Patients may have paid hundreds or thousands of dollars more than they should have over the course of a single year. Frier Levitt is looking to file a class action against SilverScript challenging the over payment by patients.

Medicare beneficiaries with Part D coverage through SilverScript who pay more than $200 out of pocket for covered medications are encouraged to contact attorney Steven L. Bennet, Esq. at or (973) 618-1660. Beneficiaries have the right to express concerns with their Part D coverage and doing so does not put their coverage at risk.

About Frier Levitt, LLC

Frier Levitt is a national boutique healthcare law firm. Our 27 healthcare attorneys include pharmacist-lawyers, class action attorneys, trial attorneys and those whose practice concentrates in Medicare law. Our breadth of experience in the health care field provides a unique perspective to bring relief to Medicare beneficiaries unfairly charged excessive out of pocket costs to obtain drug benefits under Medicare. For additional information, visit

Media Contact:

Adam Toris
Marketing Director
Frier Levitt, LLC
Phone: 973.618.1660

Source: Frier Levitt, LLC


Categories: Healthcare, Elder Care, Healthcare Insurance, Law Suits

Tags: DIR Fees, Medicare, Medicare beneficiaries, Medicare Part D, Siverscript

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Frier Levitt is a national boutique healthcare law firm, providing comprehensive regulatory, transactional and litigation advice to the Healthcare and Life Sciences industries.