This case involved a pharmacist filling prescriptions for patients who were members of MTHP and then submitting claims to MTHP for payment. The pharmacy was not an “approved network provider” with MTHP.

New Hampshire had recently enacted “Any Willing Provider” legislation. On my advice in an attempt to “ripen” the issue for adjudication, five MTHP members who were also customers of Medicine World were selected to have their prescriptions filled and submitted for payment knowing the claim would be denied.

MTHP did deny the claims but also sent a letter to each customer stating that Medicine World had “unlawfully” filled their prescriptions. We now had and prevailed on a defamation count as well as the original statutory count. The only provable “damage” was the $37.06 that the pharmacy was out-of-pocket! The jury awarded $25,037.06 and Medicine World made its point!