OptumRx Inc. and Express Scripts Inc., two major pharmacy benefit managers involved in the ongoing opioid multidistrict litigation, have filed an appeal against US District Judge Dan Polster’s recent refusal to disqualify Special Master David Cohen. The basis of their appeal stems from an incident where Cohen inadvertently engaged the “reply all” feature in an email intended for his own reception.
The appeal petition was submitted to the U.S. Court of Appeals for the Sixth Circuit earlier this week, seeking to overturn Judge Polster’s order that was established on the 10th of October.
David Cohen has held the position of special master in this case since 2018 and has faced calls for his disqualification from his role as a result of the misdirected email. The details contained within the email nor the reasons behind the pharmacy benefit managers’ strong response to it have not been disclosed.
The appeal by OptumRx and Express Scripts marks a significant continuation in the legal wrangle that forms part of the larger picture of the opioid multidistrict litigation, which remains ongoing.
Please view the comprehensive details of these recent developments in the case, including the actual appeal document, over on Law.com.