CVS Health and a former Express Scripts president have reached a settlement with Cigna over allegations that her departure violated a noncompete agreement.
Amy Bricker served as president of Express Scripts — Cigna’s pharmacy benefit manager — before resigning in January 2023 to become CVS’ executive vice president and chief product officer-consumer. She was set to begin her new position the following month, but Cigna sued to block her from taking the new job.
A mediation hearing was scheduled for May 30, but the parties reached a settlement before that date, according to a June 9 court filing. The terms of the agreement were not disclosed. CVS declined comment on the settlement. Cigna did not immediately return a message seeking comment.
Cigna alleged in the lawsuit that CVS’ hiring of Ms. Bricker puts its trade secrets at risk. Express Scripts outbid CVS Caremark in 2022 for a $35 billion PBM contract with Centene. Ms. Bricker helmed Express Scripts’ efforts, which led to a “high six-figure spot bonus,” according to the lawsuit.
CVS had argued that Ms. Bricker’s noncompete clause is unenforceable because it is overly broad and anti-competitive. The company also argued it does not apply to her new position because it will be dissimilar to her Cigna role.
In June 2023, a federal judge in St. Louis issued a preliminary injunction barring Ms. Bricker from providing services to CVS Pharmacy, CVS Health, any of its entities or any other business that is “engaged in a business similar to, or that competes with, the business of Cigna.” She was also barred from disclosing Cigna trade secrets or confidential information.
On Nov. 6, shortly after a quarterly earnings call where CVS publicly announced several senior leadership changes, Ms. Bricker was notified that the company was terminating her employment status.
