Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

Exhibit 33

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Exhibit 33 REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 CHRISTOPHER CORCORAN, et al.,) 5) Plaintiffs,) 6) vs.) No. 15-CV-03504-YGR 7) CVS PHARMACY, INC.,) 8) Defendant.) 9) 10 11 12 13 VIDEO-RECORDED DEPOSITION OF DARLENE MCAFEE 14 15 16 Phoenix, Arizona September 25, 2019 17 9:01 a.m. 18 19 20 21 22 23 REPORTED BY: 24 Kristy A. Ceton, RPR AZ Certified Court Reporter No. 50200 25 Page 1 Veritext Legal Solutions 346-293-7000 1 A. Elizabeth Pritzker. 1 A. The majority of it. Not all of it. 2 Q. Was there anybody else in the prep 2 Q. Okay. Where else have you lived? 3 session besides you and Ms. Pritzker? 3 A. I lived in Iowa for a short time. 4 A. Betsy Manafort. 4 Q. Oh, where? 5 Q. Who is that? 5 A. Geneva, Iowa. 6 A. A personal friend of the family that 6 Q. I went to college in Iowa. 7 we've -- long time. 7 A. Oh, okay. 8 Q. Is she a lawyer? 8 Q. Where is that relative to Des Moines? 9 A. Yes. 9 A. It's -- it's up near -- near -- do you 10 Q. Is she your lawyer? 10 know where Hampton is? 11 A. She's my personal lawyer, yeah. 11 Q. Not sure that I do. 12 Q. Does she practice here in Phoenix? 12 A. It's south of -- south of central 13 A. No. 13 north -- 14 Q. Is she representing you in connection 14 Q. Okay. 15 with this case? 15 A. -- Iowa. 16 A. She's a -- 16 Q. What took you to Iowa? 17 MS. PRITZKER: I'm not sure she can 17 A. My first husband. 18 answer that question. I mean -- 18 Q. Okay. 19 THE WITNESS: She's just a friend of the 19 A. When his father died, we went back to 20 family. 20 farm. I was there about two years. 21 Q. BY MR. GEYERMAN: She's not -- she's not 21 Q. Okay. And so apart from being in Iowa 22 your lawyer in this case? 22 for a period of time, then you've been an Arizona 23 A. No. 23 resident -- 24 MS. PRITZKER: That's good. 24 A. Yes. 25 Q. BY MR. GEYERMAN: I'm sorry. Her name 25 Q. -- since age 16? Page 10 Page 12 1 was what, again? 1 A. Uh-huh. 2 A. Betsy Manafort. 2 Q. Okay. And how old were you roughly when 3 Q. So let's just start. Can you just 3 you were in Iowa? 4 introduce yourself a little bit? Tell me a little 4 A. 25. 5 bit about yourself. 5 Q. Okay. So since -- since about your late 6 MS. PRITZKER: I'm going to object to 6 20s, you've been in Arizona? 7 that question. Can you ask a more directed 7 A. Yeah. 8 question -- 8 Q. Ever since. Okay. 9 MR. GEYERMAN: Sure. 9 And are you currently employed? 10 MS. PRITZKER: -- instead of giving a 10 A. No. 11 soliloquy? 11 Q. Was there a time in your professional 12 Q. BY MR. GEYERMAN: Sure. 12 life when you were employed? 13 Where do you live? 13 A. Yes. 14 A. In Sun City West, Arizona. 14 Q. Where did you work? 15 Q. And have you resided in Arizona your 15 A. My last employment was through a 16 whole life? 16 part-time job with Sun City Rec Center. 17 A. No. 17 Q. And what's Sun City Rec Center? 18 Q. Where are you from? 18 A. Beardsley. 19 A. Ohio. 19 Q. What's Beardsley? 20 Q. And how did you come from being in Ohio 20 A. That's the name of the Rec Center. It's 21 to coming to Sun City, Arizona? 21 Sun City West Rec Center. 22 A. Well, I -- I came to Arizona when I was 22 Q. And what is Sun City Rec Center? 23 16 years old, so my parents moved. 23 A. Sun City West Rec Center, Recreation 24 Q. And have you lived in Arizona ever since 24 Center. 25 you were 16 years old? 25 Q. What is Sun City West Recreation Center? Page 11 Page 13 4 (Pages 10 - 13) Veritext Legal Solutions 346-293-7000 1 for, or what's the nature of the paperwork, at a 1 THE WITNESS: Ask the question again now. 2 general level? 2 Q. BY MR. GEYERMAN: Sure. 3 A. Probably if they were -- if they were 3 You just gave me an explanation for what 4 signing up for 800 service or something like that, 4 you understand this case to be about. 5 there was some information that they had to sign 5 A. Uh-huh. 6 regarding the fees or whatever relating to that 6 Q. And my question is, how did you come to 7 particular service that they were signing up for. 7 that understanding? 8 Q. And you have at least several years of 8 A. Well, I read some documents too, I mean, 9 exposure to healthcare claims from your Blue Cross 9 you know. So... 10 Blue Shield days? 10 Q. What documents did you read? 11 A. Yes. I had to take -- when you were 11 A. Some of the documents that were sent to 12 talking about classes, it just dawned on me that I 12 me. 13 had to take a medical terminology course. 13 Q. Who sent you the documents to which 14 Q. What's that -- what do you mean by that? 14 you're referring? 15 A. So I could process the claims. If it -- 15 A. Well, I got some from Elizabeth, but that 16 because a lot of times, they came with the medical 16 wasn't my first. 17 term on it. 17 Q. Okay. Well, what was the first? 18 Q. And this is in the context of the claims 18 A. Betsy Manafort was the one that told me 19 that would get submitted to Blue Cross Blue Shield? 19 about the case. 20 A. Correct. 20 Q. That's the friend that you referred to 21 Q. Have you had any training since -- in 21 earlier? 22 healthcare-related issues since you had left Blue 22 A. Uh-huh. Right. Friend of the family. 23 Cross Blue Shield? 23 Long time. 24 A. No. 24 Q. What did she tell you? 25 Q. Have you had any formal training in the 25 A. She just told me that there was a case Page 26 Page 28 1 law or taken any legal courses? 1 regarding CVS and wanted to know if I used CVS as a 2 A. No. 2 pharmacy. And I said, yes. So she explained a 3 Q. So I want to just ask what your 3 little bit to me, just what I told you, and she got 4 understanding is of this lawsuit that we're here 4 me in touch with Elizabeth. 5 today about. 5 Q. And when did Ms. Manafort tell you about 6 A. Okay. 6 this case? 7 Q. So -- let me frame the issue. I'll ask 7 A. I believe it was some time in August. I 8 you the question now. 8 don't remember exactly when in August. 9 A. Okay. 9 Q. Of -- of which year? 10 Q. As you understand it, what's this case 10 A. This year. 11 about? 11 Q. 2019? 12 A. That CVS was overcharging people with 12 A. Uh-huh. 13 insurance, and people that didn't have insurance that 13 Q. Okay. And when was the first time that 14 walked in were paying less on some of the copays. 14 you communicated with Ms. Pritzker's law firm, then? 15 Q. And how did you come to that 15 A. Shortly after I communicated with Betsy. 16 understanding? 16 Q. Did Betsy provide you any documents? 17 MS. PRITZKER: I'm going to object to the 17 A. No. 18 extent that it reveals any communications you've had. 18 Q. She just told you orally about this? 19 THE WITNESS: Huh? 19 A. Right. 20 MS. PRITZKER: You can't reveal anything 20 Q. And so the first time you received 21 that you and I talked about. 21 documents about the case was from the Pritzker Levine 22 THE WITNESS: Oh, I know. 22 firm? 23 MS. PRITZKER: So any communications -- 23 A. Yes. 24 if you can answer that question without revealing any 24 Q. And, to the best of your recollection, 25 discussions that we had, go ahead and answer. 25 what were the nature of the documents that you Page 27 Page 29 8 (Pages 26 - 29) Veritext Legal Solutions 346-293-7000 1 received? 1 the case. What do you mean by that? 2 A. Well, one was about the coming here, and 2 A. Well, just staying in touch with 3 one was about the questions that she asked me and 3 Elizabeth to see, you know, where the case status is. 4 that I had to fill out a form on and sign a document. 4 Q. What steps have you done leading up to 5 Q. When did you agree to become a part of 5 today -- Strike that. 6 this case? 6 What steps have you done up through and 7 A. Once I found out that I was eligible. 7 including today to follow the case? 8 Q. And so you had a conversation with Betsy 8 A. Well, one -- I haven't known about the 9 Manafort in August. Relative to that conversation -- 9 case that long, so I've just stayed in touch with 10 just trying to help you frame the sequence here. If 10 Elizabeth. 11 that was in August, when did you decide to join the 11 Q. Have you read any documents about the 12 case? 12 case? 13 A. After I found out that I was eligible. I 13 A. Yes. She sent me a document to read. 14 sent copies of my CVS prescriptions and they went 14 Q. What document? 15 through them and told me I was eligible and asked me 15 A. I don't remember the name of it. But it 16 if I would consider. 16 was -- it's a case that started in 2016. I remember 17 Q. Asked you if what? 17 that. 18 A. If I would consider being part of the 18 Q. Any other document? 19 case. 19 A. The one I signed and the one to come 20 Q. Did you speak -- to whom did you send the 20 here. That's all I can think of right off the top of 21 documents? 21 my head. 22 A. They went to Betsy -- or to Elizabeth. 22 Q. And what's your understanding of what you 23 Q. Had you spoken with Elizabeth before you 23 stand to gain out of this lawsuit? 24 sent her the documents? 24 A. Nothing. Except, you know, as part of a 25 A. I believe so. 25 class action lawsuit, if it succeeds. Otherwise, Page 30 Page 32 1 Q. Okay. So you speak with -- did you speak 1 nothing. 2 with Elizabeth herself or colleagues of hers in that 2 Q. Do you recall a time when Wal-Mart 3 first contact with her law firm? 3 announced that it was lowering its price for generic 4 A. With her. 4 drugs to $4? 5 Q. Okay. 5 A. That was a long time ago, yeah. 6 A. With Elizabeth. 6 Q. But you remember when that event 7 Q. Okay. And have all of your 7 happened? 8 communications with the Pritzker Levine law firm 8 A. Uh-huh. 9 since that initial contact been with Elizabeth 9 Q. Tell me what you remember about that 10 herself? 10 development. 11 A. Yes. I mean, there's been somebody else 11 A. I think it was just a 30-day supply, and 12 on the phone, but I think they were just taking 12 it was mainly generic drugs. And I didn't feel that 13 notes, if my recollection is correct. 13 it was beneficial to me because I had insurance and 14 Q. So how many times have you spoken with 14 sometimes my copays were less than that for a 90-day 15 Elizabeth, if you include as one of those times the 15 supply or whatever, you know, so I -- I didn't ever 16 very first time you reached out after Betsy Manafort 16 check into it. 17 told you about the case? 17 Q. Meaning, you didn't check in -- Well, 18 A. Five, six, approximately. 18 what do you mean by you didn't check into it? 19 Q. What do you understand is your role in 19 A. Well, I did go on their website to see 20 this case? 20 which drugs, you know, might affect me. But I think 21 A. I am to follow the case and stay on top 21 at the time that was announced, I wasn't taking that 22 of it, and I am to testify. I am to stay in touch 22 many prescriptions and it wasn't beneficial to me. 23 with Elizabeth, and I also am to represent the other 23 Q. And when did you -- Well, let me back 24 Arizona customer, CVS customers. 24 up. 25 Q. First thing you mentioned was following 25 Do you take any sort of chronic Page 31 Page 33 9 (Pages 30 - 33) Veritext Legal Solutions 346-293-7000 1 pharmacies you've used over time. So that's a good 1 shopping, so... 2 segue. 2 Q. Is there a CVS in Surprise, Arizona, at 3 A. Okay. 3 the time you lived there? 4 Q. And that's the -- that's the information 4 A. I believe there was, but not close to me. 5 that you reported in interrogatory No. 3 right 5 Q. Okay. And then in Sun City West, where 6 underneath -- 6 you live now, is there a Walgreen's there? 7 A. Uh-huh. 7 A. Yes. 8 Q. -- where we've been looking. 8 Q. Why do you shop at CVS instead of at 9 A. Yes. 9 Walgreen's? 10 Q. And since November of 2006, you list here 10 A. Well, first of all, SilverScripts, 11 two different retail pharmacies? 11 Walgreen's isn't on the list. 12 A. Right. 12 And, secondly, it's further -- a little 13 Q. To the best of your knowledge, have there 13 further away, but... 14 been any other retail pharmacies since November 1st 14 Q. When you say Walgreen's isn't on the 15 of 2006, where you have filled prescriptions? 15 SilverScript list, do you mean you get preferred 16 A. No. 16 pricing at CVS over Walgreen's? 17 Q. You have told us that since that time, 17 A. That's what they say. 18 you have filled mail-order pharmacy prescriptions? 18 Q. Do you -- 19 A. Yeah. That was CVS Caremark, though. 19 A. Or that's what their paperwork tells me. 20 Q. It was Caremark? 20 Q. Right. 21 A. But it's CVS Caremark. 21 Has that been your experience? 22 Q. It's now CVS Caremark? 22 A. I -- I don't check prices. I got 23 A. I think it was at the time. If I look at 23 insurance and I figure I'm getting the best. 24 my paperwork, I thought that's what it said on it. 24 Q. Okay. When did you learn about 25 Q. The -- and you used -- you used 25 mail-order pharmacies? Page 54 Page 56 1 Walgreen's from 2008 to 2009, according to this 1 A. Probably from some of the AT&T paperwork 2 interrogatory answer? 2 that I received. 3 A. I probably used them for, like, when the 3 Q. And why did you use mail-order pharmacies 4 doctor gave me a prescription for an antibiotic, a 4 instead of retail pharmacies when you did? 5 30-day supply, not for a 90-day. 5 A. I did it for 90-day supplies because I 6 Q. Fundamentally, I wanted to know, why did 6 got -- I got a cheaper price than -- and I couldn't 7 you go to Walgreen's versus why would you go to CVS? 7 get a 90-day supply at the drugstore at that time. 8 A. That's why. I explained. 9 Q. Would you -- is it fair to say you would 10 go wherever it's cheapest? 11 A. No. At the time, where I was living, 12 Walgreen's was closer. 13 Q. Okay. So was close proximity the primary 14 reason you shopped at Walgreen's instead of somewhere 15 else? 16 A. No. At that particular time, I was 17 living close to a Walgreen's, so that's where I went. 18 Q. Okay. And so when you went to CVS -- 19 Strike that. 20 Surprise, Arizona. That's a different 20 Q. So according to this interrogatory, you 21 city than Sun City West? 21 still shop at the CVS pharmacy on Johnson Boulevard 22 A. Yes. 22 in Sun City West? 23 Q. Okay. How far apart are those? 23 A. Yes. 24 A. They're not that far, but I went -- 24 Q. When was the last time you filled a 25 Walgreen's was right by where I did my grocery 25 prescription at that CVS? Page 55 Page 57 15 (Pages 54 - 57) Veritext Legal Solutions 346-293-7000 1 A. A couple days ago, probably. Some time 1 Q. Do you know the city? 2 this week. 2 A. Around San Diego somewhere. 3 Q. Okay. Are you there, like, once a month 3 Q. And how have you known Ms. Manafort? 4 or something? 4 A. She's a longtime friend of -- of my 5 A. Oh, more than that. 5 sister's and my mother's. 6 Q. Okay. So -- I'm sorry. Why do you shop 6 Q. How did your sister and mother come to 7 at that pharmacy, that CVS pharmacy? 7 know Ms. Manafort? 8 A. It's the closest to me. 8 A. Well, my sister knows her from meeting 9 Q. Do you have any complaints with the 9 her through an association that they belong to. 10 healthcare services CVS pharmacy has provided you? 10 Q. What association is that? 11 A. No. Are you talking about customer 11 A. It's -- they both showed Beagles in a -- 12 service? 12 dog clubs. 13 Q. Well, let's start with that. Do you have 13 Q. They showed what at dog clubs? 14 any customer service complaints with that CVS 14 A. Beagles. 15 pharmacy? 15 Q. Beagles. Okay. 16 A. No. 16 And how about your mother? 17 Q. Do you have any complaints with the 17 A. My mother just knows her through my 18 clinical pharmacy services that they provide you at 18 sister. 19 that CVS? 19 Q. What's your sister's name? 20 A. No. 20 A. Barbara Robblee. 21 Q. Before your friend Betsy Manafort talked 21 Q. And where does she live? 22 to you about this lawsuit, did you ever have concerns 22 A. In Glendale, Arizona. 23 about the pricing you were receiving at CVS pharmacy? 23 Q. So does this interrogatory answer that 24 A. No. 24 lists the August 9th, 2019, date, does that refresh 25 Q. So let's go to interrogatory 18, if you 25 your recollection as to when the first time you spoke Page 58 Page 60 1 would. It's bottom of page 12 extending on to page 1 with the Pritzker Levine firm? 2 13. 2 A. Yeah. Because when I gave her that 3 A. Okay. 3 information, I checked my cell phone records to see 4 Q. And that interrogatory asked, "Identify 4 -- make sure when it was. 5 the date you first communicated with any counsel 5 MS. PRITZKER: He's asking you a 6 concerning the subject matter involved in this 6 different question. 7 lawsuit." And then the answer on page 13 is 7 THE WITNESS: Oh, okay. 8 "August 9th of 2019." 8 MS. PRITZKER: Why don't you repeat your 9 Is -- is August 9th, 2019, the date that 9 question? 10 Betsy Manafort, your friend, talked to you? 10 Q. BY MR. GEYERMAN: Sure. 11 A. Yes. 11 This date, August 9th, 2019, is the date 12 Q. And you mentioned she's a lawyer? 12 you spoke with Betsy Manafort -- 13 A. Uh-huh. 13 A. I believe so. 14 Q. But she's not your lawyer representing 14 Q. -- when you first learned about the case? 15 you in this case? 15 A. Yes. 16 A. No. 16 Q. Okay. What's the date that you first 17 Q. Okay. Just making sure. 17 spoke with the Pritzker Levine firm? 18 What kind of law does she practice? 18 A. A week later, maybe, something like that. 19 A. I'm not really even sure. 19 I can't remember exactly. 20 Q. Does she live in Sun City? 20 Q. And so you mentioned checking your phone. 21 A. No. 21 You checked your phone for, like, the text message or 22 Q. Where does she live? 22 something -- 23 A. California. 23 A. The phone calls are listed. 24 Q. Oh, where in California? 24 Q. -- with Betsy Manafort? 25 A. Southern California. 25 A. Uh-huh. Page 59 Page 61 16 (Pages 58 - 61) Veritext Legal Solutions 346-293-7000 1 significant condition? 1 Q. BY MR. GEYERMAN: It's double-sided to 2 A. To waive my HIPAA rights? Sure. 2 make our lives much harder. 3 Q. And why is that? 3 A. I thought you got the back of it. 4 A. Because that's what they're for, to 4 Q. Fair comment. 5 protect me. 6 Q. If -- you value your HIPAA privacy 7 rights. Fair? 8 A. Correct. 9 Q. And so could there be certain 10 circumstances where someone would offer you a lower 11 price as long as you waived your HIPAA rights, but 12 you wouldn't be willing to do it because you wouldn't 13 want to give the waiver? 14 MS. PRITZKER: Objection as to form. 15 Improper hypothetical. 16 You can answer. 17 THE WITNESS: I would have to have more 18 information. 19 Q. BY MR. GEYERMAN: Have you ever agreed to 20 waive HIPAA rights in exchange for a lower price on a 21 product? 22 A. Not to my knowledge. 23 Q. If presented with that circumstance, 24 would that be something you would have to give 25 serious consideration to? Page 86 Page 88 1 MS. PRITZKER: Objection as to form. 2 THE WITNESS: I can answer? 3 MS. PRITZKER: Yeah, you can answer. 4 THE WITNESS: I would have to give 5 serious consideration to it and know more information 6 as to why I was doing that. 7 Q. BY MR. GEYERMAN: It's not an easy call, 8 in your view? 9 A. Absolutely not. 10 Q. All right. So can we go back to the 11 records that you located in your tax file? 12 A. Uh-huh. 13 Q. And I want you to turn to page that ends 14 in 2-0, 20. It should be the back of the first piece 15 of paper. 16 A. Are you talking about the -- 17 MS. PRITZKER: It's this document, 332. 18 THE WITNESS: Yeah, but it should be in 19 the front. 20 MS. PRITZKER: It's the second page. 21 THE WITNESS: Oh, okay. It's in the 22 back. 23 MS. PRITZKER: Which is the back of the 24 first page. 25 THE WITNESS: Oh, okay. I'm sorry. Page 87 23 (Pages 86 - 89) Veritext Legal Solutions 346-293-7000