The parents of a 22-year-old asthmatic who died on January 20, 2024 after suffering an asthma attack for which he did not have his inhaler because he could not afford the increase in the out-of-pocket cost from $66 to $539 filed a lawsuit against the giant pharmacy benefits manager OptumRX and pharmacy giant Walgreens on January 21, 2025 in Wisconsin.
The parents allege in their federal wrongful death lawsuit that their son, Cole Schmidtknecht, had asthma his whole life that he managed with the daily inhaler Advair Diskus and generic versions of the medication. He went to a Walgreens pharmacy on January 10, 2024 to refill his prescription for his inhaler medication. He learned at that time that the out-of-pocket portion that he was responsible to pay had increased by almost $500, which he could not afford and therefore could not obtain the life-saving inhaler. Instead, he used his rescue inhaler. But days later, he suffered a fatal asthma attack.
The Wisconsin wrongful death lawsuit alleges that OptumRX violated state law by failing to provide the required 30-day advance notice of the increase in the inhaler’s cost as well as raising the cost of the asthma inhaler without a valid medical reason. The lawsuit alleges that Walgreens advised Cole that there was no less expensive generic version and failed to contact OptumRX or Cole’s physician to request an exception for Cole.
The parents’ lawyer stated: “The conduct of both OptumRx and Walgreens was deplorable. The evidence in this case will show that both OptumRx and Walgreens put profits first, and are directly responsible for Cole’s death.”
Pharmacy benefits managers (PBMs) act as intermediaries between health insurance companies, prescription drug companies, and pharmacies. Optum Rx reportedly handles prescription claims for more than 66 million people in the United States.
What is ADVAIR DISKUS?
The manufacturer states on its website:
- ADVAIR DISKUS combines the inhaled corticosteroid (ICS) medicine fluticasone propionate and the long-acting
beta2-adrenergic agonist (LABA) medicine salmeterol.
o ICS medicines such as fluticasone propionate help to decrease inflammation in the lungs. Inflammation in the
lungs can lead to breathing problems.
o LABA medicines such as salmeterol help the muscles around the airways in your lungs stay relaxed to prevent
symptoms, such as wheezing, cough, chest tightness, and shortness of breath. These symptoms can happen
when the muscles around the airways tighten. This makes it hard to breathe. - ADVAIR DISKUS is not used to relieve sudden breathing problems and will not replace a rescue inhaler.
As of February 5, 2025, GoodRX lists the retail price of Advair Diskus at Walgreens to be $661.32, and the price is $334.56 through GoodRX.
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