Family Sues OptumRx, Walgreens After Son’s Asthma Attack Death

GREEN BAY, Wis. (WBAY) – The family of Cole Schmidtknecht, a 22-year-old man who died following a severe asthma attack, has filed a lawsuit against OptumRx and Walgreens, alleging negligence contributed to his death. The lawsuit, lodged in federal court in Green Bay, asserts that Schmidtknecht was unable to access his prescribed asthma medication due to skyrocketing costs.

According to the family’s claims, Schmidtknecht was denied a refill for his Advair Diskus inhaler at a Walgreens pharmacy in Appleton after being informed that his prescription was no longer covered by insurance. The cost had risen from $65 to nearly $540, leading him to forgo the medication, which ultimately resulted in a cardiac arrest in January 2024.

“He had to make a choice between paying rent and buying his medicine,” said Michael Trunk, the attorney representing the Schmidtknecht family. “This lawsuit aims to hold responsible those who played a part in this tragedy.”

OptumRx, which manages prescription benefits under the employee health plan, filed a motion to dismiss the lawsuit, citing federal law that preempts state claims related to employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA).

“While the circumstances giving rise to this lawsuit are profoundly tragic, federal law does not allow plaintiffs to bring the claims they have asserted here,” stated OptumRx in a 156-page response obtained by Action 2 News.

The company emphasized that neither Walgreens nor OptumRx provided the necessary 30-day notice of the coverage change, which would have allowed Schmidtknecht to file for an exception before the substantial price increase.

The family, however, contends that Walgreens failed to offer any generic alternatives or affordable solutions when Schmidtknecht sought help. They further allege that the pharmacy did not inform him of the availability of emergency inhalers that could have provided interim relief.

Additionally, the lawsuit posits that OptumRx’s actions contributed to Schmidtknecht’s death, claiming the company favored newer brand medications that were more costly and potentially included kickbacks, while excluding essential medications like Advair Diskus. According to the family’s claims, a mere three pharmacy benefit managers oversee 79% of the prescription drug market.

The Schmidtknechts are pursuing a jury trial to seek justice and accountability for their son’s untimely death. “This case shines a light on the issues faced by countless Americans in accessing necessary medications due to the actions of pharmacy benefit managers,” Trunk added.

OptumRx responded to the allegations by expressing sympathy for the family but refuted the claims made in the lawsuit, stating they were factually incorrect. Walgreens declined to comment due to the ongoing litigation.