Attorneys are currently investigating claims for a potential class action on behalf of Medicare Part D beneficiaries (including senior citizens and others) who have received from their pharmacy (by mail order or in person) a dosage level for prescription medication different from that which the beneficiary’s doctor prescribed.  These claims involve situations in which the beneficiary’s doctor prescribed a dosage amount which was not listed on the patient’s Medicare Part D Plan’s list of covered drugs and covered dosage amounts on formulary.  In these situations the pharmacy then gave the patient the incorrect dosage amount (i.e., the dosage amount which was covered rather than the amount the doctor prescribed) without seeking the prior consent of the patient or the doctor. 

If the pharmacy changed your prescription dosage from that which your doctor prescribed to another amount (likely the dosage covered on your Medicare Part D carrier’s formulary) (i.e., your doctor prescribed you a 150 mg dosage and you received a 100 mg dosage) without your and your doctor’s advance notice and permission, the pharmacy has deprived you of the opportunity to seek an Exception under Medicare Part D, which is your right.  Further, the pharmacy is not medically qualified to change the dosage amount your doctor prescribed without consulting with your doctor.

Please complete the confidential questionnaire below if you would like more information regarding this issue.