Wendy F. Pongracz Discusses Johnson & Johnson ERISA Suit

A recent lawsuit involving an employee of Johnson & Johnson may indicate an increased focus on litigation related to health benefits under the Employee Retirement Income Security Act. Willig, Williams & Davidson partner Louise “Wendy” F. Pongracz weighed in on the case in a recent article in Law360, highlighting the implications for Employee Retirement Income Security Act (ERISA) law going forward.

In the suit, Ann Lewandowski alleges that workers lost millions of dollars because Johnson & Johnson allowed its pharmacy benefit manager (PBM) to overcharge health plan participants for drugs. The suit alleges that this constitutes a breach of Johnson & Johnson’s fiduciary duty under ERISA.

“This is going to make everybody sit up and take notice,” Pongracz said. “Every plan fiduciary is going to say, ‘Have we adequately scrutinized our PBM arrangement?'”

Read the full article online: “What To Know About ‘Novel’ Johnson & Johnson ERISA Suit” (Subscription is required.)