Discrimination Suit Brought By "John Doe" HIV-Positive Plaintiffs May Proceed, A San Francisco Federal Court Ruled Friday, says Consumer Watchdog

Key Facts

Late Friday a federal court in San Francisco allowed a case against subsidiaries of CVS Health Corporation brought by HIV-positive "John Doe" plaintiffs to proceed, denying CVS's motion to dismiss the case.
This ruling comes on the heels of CVS's abrupt dismissal late last year of its appeal to the United States Supreme Court of a unanimous decision by the Ninth Circuit in favor of the plaintiffs who allege CVS's prescription drug program puts their lives at risk.
CVS's latest motion had sought to dismiss the case contending that the plaintiffs had not adequately alleged CVS receives "federal financial assistance," a requirement to sue for disability discrimination under health programs subject to federal civil rights statutes.
Most other major health insurance companies in the United States now allow members to opt out of mail-order-only delivery of HIV medications because of numerous settlements achieved by attorneys for Consumer Watchdog and Whatley Kallas, LLP, which represent the John Doe plaintiffs in the CVS action.