AG's office reaches $100,000 prescription settlement with Kmart

By Chris Dickerson | Oct 5, 2017

CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has announced a $100,000 settlement to resolve a dispute with K-Mart, pushing total settlements in the broader case to more than $7.9 million.

The case, which targeted five defendants, involved cost savings derived from the sale of generic prescription drugs.

The settlement requires K-Mart to pay $100,000 and implement compliance programs in accordance with the state’s Pharmacy Act, which requires pharmacies to pass retail savings from the sale of generic prescription drugs to consumers.

“All companies operating in West Virginia must respect state laws,” Morrisey said. “I will continue to fight for consumers by ensuring that they receive the protections they are promised.” 

The K-Mart agreement follows combined settlements last year of more than $7.8 million with Rite Aid, Kroger, CVS and Walgreens. 

The case alleges the pharmacy failed to accurately calculate and pass along retail savings from the sale of generic prescription drugs. It further alleges each instance constituted a violation of the state’s Consumer Credit and Protection Act.

K-Mart denies any wrongdoing as part of the settlement.

K-Mart must implement and execute their compliance program within two years of the settlement. The scope of the program is limited to customers whose transactions are not covered by insurance. 

Individually, the previous settlements are valued at $4.9 million with Rite Aid, $1.35 million with Kroger, $1 million with CVS and $575,000 with Walgreens. 

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