Scholl v. Walgreens Specialty Pharmacy, LLC

CourtDistrict Court, N.D. Oklahoma
DecidedMarch 28, 2025
Docket4:21-cv-00363
StatusUnknown

This text of Scholl v. Walgreens Specialty Pharmacy, LLC (Scholl v. Walgreens Specialty Pharmacy, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scholl v. Walgreens Specialty Pharmacy, LLC, (N.D. Okla. 2025).

Opinion

nited States District Court for the s2orthern District of Oklahoma

Case No. 21-cv-363-JDR-MTS

Eric F. SCHOLL, individually and as parent and next friend of J.J.S., a minor child; JACQUELINE R. SCHOLL, éndividually and as parent and next friend of J.J.S., a minor child; J.J.S., a minor child, Plaintiffs, versus WALGREENS SPECIALTY PHARMACY, LLC, doing business as Alliance Rx Walgreens Prime, and WALGREENS SPECIALTY PHARMACY HOLDINGS, LLC, a foreign company, Defendants.

OPINION AND ORDER

The facts of this case are undeniably tragic: Plaintiffs Eric and Jacqeline Scholl’s minor daughter, J.S., was diagnosed with a rare condition that prevents her body from expelling fluid and other materials from her uterus during menstruation. Faced with limited treatment options, some of which carry long-term negative consequences, the Scholls elected to tempo- rarily treat J.S. with Lupron Depot, a medication that would suppress J.S.’s menstruation until she was older and better able to understand the risks of the other, permanent treatment options. J.S.’s physician, Dr. Hildebrand, submitted a prescription for Lupron Depot to Defendants Walgreens Spe- cialty Pharmacy, LLC and Walgreens Specialty Pharmacy Holdings, LLC." But the prescription went unfilled for over forty days. During that period, J.S.

' The Court refers to the Defendants collectively as Walgreens.

Case No. 21-cv-363

experienced complications that necessitated emergency surgery and two sep- arate hospitalizations. The Scholls sued Walgreens in Oklahoma state court alleging that J.S. would not have needed to undergo surgery or experience the pain associated with her medical complications if Walgreens had timely filled J.S.’s prescrip- tion. Dkt. 2-1. Walgreens removed the action to this Court [Dkt. 2] and sub- sequently filed a motion for summary judgment, which is now fully briefed. Dkts. 41, 46, 53.” In their briefs, the parties engage in detailed arguments about who communicated what to whom, and when. Although the parties’ arguments are complicated, the questions for this Court to resolve are straightforward: Did Walgreens owe Plaintiffs a duty to fill J.S.’s prescription, and if not, did Walgreens have a duty to provide Plaintiffs with additional in- formation about the status of that prescription? The Oklahoma Courts have not expressly spoken on this issue, so the Court must attempt to predict, un- der Erie, how the Oklahoma Supreme Court would rule.’ /ron Bar Holdings, LLC ». Cape, □ F.4th __, 2025 WL 840797, at *8 (10th Cir. March 18, 2025). The Court predicts that the Oklahoma Supreme Court would answer both questions in the negative. The Court therefore grants Walgreens’s mo- tion for summary judgment [Dkt. 41]. In May 2020, J.S. was diagnosed with vaginal agenesis, a soft-tissue obstruction that prevents the body from expelling materials associated with menstruation. Dkt. 41 at 5; Dkt. 46 at 5. Her physician, Dr. Hildebrand, ad- vised that the condition could be treated by either a complete hysterectomy

? All citations utilize CMECF pagination. 3 The Erie doctrine requires federal courts to apply state substantive law when re- solving disputes not directly implicating a federal question. Erie R.R. Co. ». Thompkins, 304 U.S. 64, 78 (1938). * The facts set forth in this section are undisputed unless otherwise noted.

or surgery to remove soft tissue from the vaginal canal. Dkt. 46 at 12; Dkt. 53 at 2. The former option would prevent J.S. from bearing children of her own. The latter would require a long and painful recovery, and Dr. Hildebrand was concerned that the recovery might be too painful and difficult for a twelve- year-old child. Dkt. 46 at 12. Dr. Hildebrand recommended temporarily treat- ing J.S. with Lupron Depot, a hormone injection that prevents ovulation, un- til she was old enough to decide between the two permanent treatment op- tions. /d. at 13. Faced with “three bad choices,” the Scholl family opted to temporarily defer surgery by administering the Lupron Depot shots. Dkt. 46 at 13; Dkt. 53 at 2. On June 1, 2020, Dr. Hildebrand’s office sent a referral to Abbvie, the manufacturer of Lupron Depot, for the prescription. Dkt. 41 at 5; Dkt. 46 at 5, Abbvie, in response, recommended that Dr. Hildebrand obtain preauthor- ization for the medication, advised Dr. Hildebrand that she might be required to provide additional clinical information to support the prescription request, and informed her that the “approximate turn-around time” for the medica- tion would be “7-14 days after initiation with the insurance company.” Dkt. 41 at 6; Dkt. 46 at 5. Walgreens received prescription information from Abbvie on June 2, 2020. Dkt. 41 at 9.° Dr. Hildebrand’s office validated the prescription the fol- lowing day. Dkt. 41 at 3. Walgreens performed a benefits investigation to de- termine whether the prescription would be covered by the Scholls’ health in- surer, Blue Cross and Blue Shield of Oklahoma. /d.; Dkt. 46 at 8.6 On June 11, 2020, Walgreens determined that preauthorization for the prescription

> The parties dispute whether the information from Abbvie constituted a valid pre- scription. See Dkt. 46 at 8. The dispute is not material to the Court’s analysis. * The Scholls dispute many of the factual statements set forth in section II.D of Walgreens’s brief, [Dkt. 46 at 8], but the evidence cited by the Scholls does not establish a genuine dispute regarding any of the limited facts set forth in this paragraph. Fed. R. Civ. P. 56(c).

was required and that only Dr. Hildebrand could initiate the preauthorization process. Dkt. 41 at 9-10; Dkt. 46 at 8. Accordingly, Walgreens faxed preau- thorization paperwork to Dr. Hildebrand’s office on June 11, 2020. Dkt. 41 at 10; Dkt. 46 at 8. The paperwork stated that the insurer “‘[would] only accept a call from the doctor’s office to begin the process” and “[would] not take information from the pharmacy.” Dkt. 41-13. On June 15, Walgreens informed Ms. Scholl that it could not fill J.S.’s prescription until it received preauthorization. Dkt. 41 at 11; Dkt. 46 at 8.’ Walgreens had two discussions with Dr. Hildebrand’s office regarding the need for preauthorization that same day. Dkt. 41 at 10-11. On or before June 16 at 10:48 a.m., Walgreens spoke with Dr. Hildebrand’s office a third time and learned that no preauthorization request had been initiated. Dkt. 41 at 10- 11.° Walgreens then placed the prescription on hold and later closed the pre- scription file. /d. at 12; Dkt. 46 at 9. The parties agree that Dr. Hildebrand received a preauthorization number for the prescription from Blue Cross Blue Shield at approximately 12:53 p.m. on June 16, 2020. Dkt. 41 at 12; Dkt. 46 at 10.° They disagree, however, about whether and when this information was communicated to

7 Ms. Scholl does not dispute the contents of the call recited by Walgreens but adds that she offered to pay for the prescription out-of-pocket during this call and was told— incorrectly—that she could not do so. Dkt. 46 at 8. The Court accepts Ms. Scholl’s addi- tional facts as true for purposes of this opinion. * The Scholls dispute the precise timing of one call and the party responsible for initiating another. Dkt. 46 at 8-9. These details are not material to the Court’s analysis. The Scholls do not dispute the timing of the June 16 call, nor do they dispute Walgreens’s claim that the need for preauthorization was communicated to Dr. Hildebrand’s office during these calls. Dkt. 46 at 9. The Scholls do not dispute Walgreens’s assertion that there was no preauthorization on file by 10:48 a.m. on June 16, 2020. See Dkt. 41 at 11-12; Dkt. 41-15; Dkt. 41-27; Dkt. 46 at 9.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. Albertsons, Inc.
82 F.3d 415 (Fifth Circuit, 1996)
Erie Railroad v. Tompkins
304 U.S. 64 (Supreme Court, 1938)
Huddleston v. Dwyer
322 U.S. 232 (Supreme Court, 1944)
Wade v. Emcasco Insurance
483 F.3d 657 (Tenth Circuit, 2007)
Schrock v. Wyeth, Inc.
727 F.3d 1273 (Tenth Circuit, 2013)
Sparks v. Hicks
1996 OK 20 (Supreme Court of Oklahoma, 1996)
Jackson v. Oklahoma Memorial Hospital
1995 OK 112 (Supreme Court of Oklahoma, 1995)
Manley v. Brown
1999 OK 79 (Supreme Court of Oklahoma, 1999)
Polymer Fabricating, Inc. v. Employers Workers' Compensation Ass'n
1998 OK 113 (Supreme Court of Oklahoma, 1998)
Young v. Chappell
2010 OK CIV APP 76 (Court of Civil Appeals of Oklahoma, 2010)
St. John v. Pope
901 S.W.2d 420 (Texas Supreme Court, 1995)
Samman v. Multiple Injury Trust Fund
2001 OK 71 (Supreme Court of Oklahoma, 2001)
Lowery v. Echostar Satellite Corp.
2007 OK 38 (Supreme Court of Oklahoma, 2007)
State Ex Rel. Oklahoma Bar Ass'n v. Dobbs
2004 OK 46 (Supreme Court of Oklahoma, 2004)
Finnell v. Seismic
2003 OK 35 (Supreme Court of Oklahoma, 2003)
Jennings v. Badgett
2010 OK 7 (Supreme Court of Oklahoma, 2010)
CARISTA v. VALUCK
2016 OK CIV APP 66 (Court of Civil Appeals of Oklahoma, 2016)
Correa v. Schoeck
98 N.E.3d 191 (Massachusetts Supreme Judicial Court, 2018)
Pharmcare Oklahoma, Inc. v. State Health Care Authority
2007 OK CIV APP 5 (Court of Civil Appeals of Oklahoma, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
Scholl v. Walgreens Specialty Pharmacy, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scholl-v-walgreens-specialty-pharmacy-llc-oknd-2025.