A complaint was filed on Wednesday in the District of Kansas by plaintiff Annaken, LLC (doing business as Ken’s Sunflower Pharmacy) (KSP) against defendant AmerisourceBergen Drug Corp.
The complaint alleges that KSP and AmerisourceBergen entered into multiple agreements in which KSP would purchase pharmaceutical products from AmerisourceBergen. The purchase agreements held between the plaintiff and defendant indicate that AmerisourceBergen committed to permit the plaintiff to “purchase numerous dosage units combined of oxycodone at various strengths measured in milligrams of the drug.” KSP explains that they have always been compliant with the agreements they hold with AmerisourceBergen.
In early 2020, the plaintiff was given notice that their pharmacy was in danger of having all shipments of substances from AmerisourceBergen suspended for one year. The notice detailed that KSP had filled too many controlled substance prescriptions, that a certain doctor was prescribing too many controlled substances that were being filled by KSP, and that KSP had filled too many prescriptions for medications that should not be taken together.
The defendant’s notice invited the Plaintiff’s response to the alleged issues. The complaint explains that KSP “explained the reasons for the percentage of controlled substances being as they were and offered to cease filling scripts from the particular doctor and scripts containing the medications [AmerisourceBergen] indicated should not be taken together.”
Two years later, in June of 2022, AmerisourceBergen told the plaintiff that they were again in danger of losing medication deliveries due to the same misconduct. KSP notes that they again offered to remedy the issues at hand and requested specific direction about what steps to take so that they could comply with AmerisourceBergen’s terms.
AmerisourceBergen responded to this on July 1, 2022, when they terminated KSP’s supply of medications and effectively ended their ability to conduct business. AmerisourceBergen did not address the plaintiff’s response in the termination notice. KSP asserts that the defendant has “systematically refused to resume shipments of medications before a one-year period has elapsed without expanding on any reason for the termination.”
Since the pharmacy business is heavily regulated, the plaintiff would have to undergo lengthy review and scrutiny in order to find a new wholesale distributor. The complaint maintains that the defendant’s actions have led the plaintiff to face immediate and irreparable harm from lost sales and lost customers.
The complaint cites counts of declaratory judgment, specific performance/injunctive relief, breach of contract, tortious interference with business contracts and/or business expectancies. The plaintiff is seeking compensatory, consequential, incidental, punitive, and exemplary damages as well as any further relief deemed equitable by the Court.
The plaintiff is represented by Harris & Associates Law LLC.
