Court filing disputes reasoning behind Martella's removal from pharmacy benefit manager's network
The statements are in reference to an 2018 criminal case in which pharmacist
Martella’s ownership, because of stipulations in the pharmacy’s provider agreement with
However, the emergency motion for injunction filed in the class-action lawsuit against
“In fact, Martella’s owner,
After an investigation, the matter was resolved in the year from 2022 to 2023 by the pharmacist and agencies including the state
“That resolution did not create a new adverse event ... it closed the old one,” the document said. “Express Scripts’ current theory, as articulated in its
Scanlon & Wojton assert in the motion that
Express Scripts’ initial notice for terminating Martella’s contract came in May. The termination was originally to become effective
Injunctive relief initially granted by the
Scanlon & Wojton has filed the emergency motion for another injunction in federal court as it continues moving through procedures to have the case moved back to
Patients were blindsided by Express Scripts’ October action to terminate Martella’s from its network, according to Scanlon & Wojton’s motion.
The firm has filed affidavits with testimony from patients, including
Creager and her parents use Martella’s Pharmacy because of its proximity and because it offers Medi-Pacs – easy-to-open, tear-off packages that contain each dose of medication needed and that are labeled with exact times at which the contents should be taken.
“My parents and I were not notified that Martella’s Pharmacy’s status as an ‘in-network’ provider might change on or around
“DHS was notified that Martella’s pharmacies were no longer part of the
While the
According to the
Since then, the closure of nine
The family-owned pharmacy chain also reaches all of
“I cannot drive due to health issues, during which times we are wholly reliant upon Martella’s Pharmacy delivery services and unique customer services for all of our prescription needs,” Dill’s affidavit says.
Her statements argue that she and her husband cannot rely upon mail-order pharmacy services as a substitute for delivery services that Martella’s Pharmacy provides, because there is a risk that they would not receive their medications in a timely manner and would have to skip dosage.
“Access to the Martella’s Pharmacy, including their unique delivery services, is a matter of life and death for me and my husband,” Dill’s affidavit said.
Scanlon & Wojton has said in a statement since Express Scripts’
Customers who have spoken with The Tribune-Democrat outside Martella’s
Martella’s ownership, because of stipulations in the pharmacy’s provider agreement with
© 2025 The Tribune-Democrat (Johnstown, Pa.). Visit www.tribune-democrat.com. Distributed by Tribune Content Agency, LLC.


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