McGraw’s drug-pricing suit removed to federal court
by admin on 30/09/09 at 6:46 am
The West Virginia Record
By John O’Brien
September 29, 2009
CHARLESTON — CVS Pharmacy and other defendants in a lawsuit filed by outside counsel hired by state Attorney General Darrell McGraw have removed the case to federal court.
McGraw sued CVS, Kmart, Kroger, Target, Wal-Mart and Walgreen in Boone County in August, alleging the companies regularly overcharge for generic prescription drugs. U.S. District Judge John Copenhaver is now presiding over the case.
McGraw hired Bailey & Glasser and DiTrapano Barrett & DiPiero to pursue the case. He also hired them to sue Rite-Aid in a separate action that makes the same allegations.
Rite-Aid also removed its suit to federal court, arguing that it involves federal Medicaid funds.
The two firms have contributed more than $60,000 to McGraw’s campaign fund over the years, including $11,800 for his 2008 race against Republican Dan Greear.
West Virginia Citizens Against Lawsuit Abuse, a legal watchdog group, said McGraw hiring campaign contributors is a frequent problem.
“Similar pay-to-play allegations have created a political earthquake in Pennsylvania recently, and unfortunately for West Virginia the practice appears to be far too commonplace for Attorney General McGraw as well,” CALA Executive Director Richie Heath said.
