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Wisconsin couple sues Optum Rx and Walgreens for son’s asthma death

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Wisconsin couple sues Optum Rx and Walgreens for son’s asthma death


A Wisconsin couple has filed a lawsuit against Minnesota-based Optum Rx and Walgreens for their son’s asthma-related death one year ago.

Lawsuit filed in asthma death

The backstory:

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Shanon and William Schmidtknecht of Poynett, Wis. lost their 22-year-old son Cole in January 2024. He stopped at a Walgreens in Appleton and was told that the price of his inhaler had jumped from $66 to $539 out of pocket. He left the pharmacy without the medication and tried to manage his condition with a rescue inhaler.

He suffered a fatal asthma attack days later. Cole had suffered from asthma his entire life and managed it with daily inhaler doses of the medication Advair Diskus and generic equivalents.

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The lawsuit:

Optum Rx is a Pharmacy Benefit Manager that manages the prescription drug plan for Cole’s insurance plan through his employer.

The family alleges that Optum Rx violated Wisconsin law by raising the cost of the medication without a valid medical reason and failed to notify Cole so that he could talk to his doctor about alternatives.

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The lawsuit also alleges that Walgreens failed to offer Cole a workaround, a generic or an emergency supply so that he could reach out to his doctor and insurance company.

Optum Rx is a Pharmacy Benefit Manager that negotiates drug prices for insurance plans. The industry has been under scrutiny by the Federal Trade Commission because just three companies control pricing for 80 percent of prescription drug pricing in the United States.

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Those three companies are also in ownership chains with insurance companies and pharmacies, like mail order.   The FTC has recently stated that it found PBMs to be artificially inflating generic drug prices for their own profits.

Response to the lawsuit

What they’re saying:

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Optum Rx provided this statement to Fox 47 in Madison when the station covered Cole’s death in April of 2024:

“Optum Rx also has available clinically appropriate options and formulary information when a medication is not covered on formulary, including Advair Diskus formulary alternatives with member copays as low as $5.

“Our goal is to ensure medicines, including those used to treat asthma and other critical conditions, are accessible and affordable for Americans. After rigorous review of this case, we determined that formulary management and communications efforts that impacted this patient’s access to key asthma medication options were handled consistent with industry practice and the patient’s insurance plan design. Any members with questions about their coverage can call the number on their prescription card.”

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Pharmacy Benefit Managers reporting

Dig deeper:

You can see more of Fox 9’s investigations into drug pricing by clicking below.

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The backstory:

You can read the entire FTC staff report here.

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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness

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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness


MADISON, Wis. — A Wisconsin teen who killed a prison guard during a fistfight pleaded guilty to homicide Friday but contends he doesn’t deserve prison time because he was mentally ill and not responsible for his actions.

Javarius Hurd, 17, entered a plea of guilty/not guilty by reason of mental disease or defect to one count of second-degree reckless homicide in connection with Corey Proulx’s death, online court records show. He also pleaded guilty to one count of battery by a prisoner. Prosecutors dropped a second battery count in exchange for the pleas.

The next step for Hurd will be a February trial in which jurors will determine whether he should be sentenced to prison or committed to a mental institution. Jurors will be asked to determine whether Hurd was indeed suffering from a mental disease at the time of the fight and, if so, whether the mental disease impaired his ability to act within the law.

“Javarius entered into a plea agreement that partially resolves the case involving the sad and tragic death of (Proulx),” Hurd’s attorney, Aaton Nelson, said in an email to The Associated Press. “Javarius, who has had a life filled with trauma and suffering, realizes that nothing will compensate the victims for their loss and suffering. We hope that this agreement will help all those suffering with their healing.”

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According to court documents, Hurd was incarcerated at the Lincoln Hills-Copper Lakes School, the state’s youth prison in far northern Wisconsin, in June 2024.

He grew upset with a female counselor whom he felt was abusing her powers, threw soap at her and punched her. Hurd ran into the courtyard and Proulx followed to stop him. Hurd punched Proulx several times and Proulx fell, hit his head on the pavement and later died. Hurd was 16 at the time but was charged in adult court.

Another inmate at the youth prison, Rian Nyblom, pleaded guilty to two counts of being a party to battery in connection with the incident and was sentenced to five years in prison this past August.

According to prosecutors, Nyblom knew that Hurd was upset with the female counselor and wanted to splash her with conditioner and punch her. About 15 minutes before the fighting began, he got extra soap and conditioner from guards and secretly gave it to Hurd. Nyblom told investigators that he didn’t see Hurd attack the female counselor but watched as Hurd punched Proulx.

Lincoln Hills-Cooper Lake is Wisconsin’s only youth prison. The facility has been plagued by allegations of staff-on-inmate abuse, including excessive use of pepper spray, restraints and strip searches.

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The American Civil Liberties Union filed a federal lawsuit in 2017 demanding changes at the prison. Then-Gov. Scott Walker’s administration settled the following year by agreeing to a consent decree that prohibited the use of mechanical restraints like handcuffs and the use of pepper spray.

Proulx’s death sparked calls from Republican lawmakers and from Lincoln Hills-Copper Lakes staff for more leeway in punishing incarcerated children, but Democratic Gov. Tony Evers rejected those calls, insisting conditions at the prison have been slowly improving. A court-appointed monitor assigned to oversee the prison’s progress reported this past October that the facility was fully compliant with the consent decree’s provisions for the first time.

Legislators have been trying to find a way to close the facility for years and replace with it with smaller regional prisons. Those prisons remain under construction, however, and Lincoln Hills-Copper Lake continues to operate.



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‘Play is the work of a child’: Wisconsin parents back bill that would double daily recess

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‘Play is the work of a child’: Wisconsin parents back bill that would double daily recess


MADISON, Wis. (WMTV) – A proposal at the state Capitol would require Wisconsin schools to increase daily recess time for students in kindergarten through sixth grade, with supporters saying more opportunities for unstructured play could improve focus, behavior and overall well-being.

Assembly Bill 810 would require public schools to provide 60 minutes of recess each school day for K-6 students, doubling the amount many schools currently offer. The bill has been referred to the Legislature’s education committee.

The bill’s author, State Rep. William Penterman of Hustisford, said the proposal is based on research showing physical activity supports learning and child development.

“Especially younger kids, like our elementary kids, it’s so important that they get moving throughout the day,” Penterman said. “We’re trying to get our kids to learn and develop mentally, emotionally, but also physically.”

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Penterman emphasized the bill is not intended to extend the school day or reduce instructional time. Instead, he said schools could restructure existing schedules to include more frequent movement breaks.

“We’re not looking to expand the school day. Absolutely not,” Penterman said. “It’s already set. We’re going to leave it at that. It’s about increasing efficiencies.”

The proposal would give schools flexibility in how the time is scheduled, allowing recess to be broken into multiple shorter periods throughout the day.

“But 60 minutes of play a day — it could be three 20-minute recesses. It could be two 30-minute recesses,” Penterman said.

Parents in the Madison Metropolitan School District say concerns about limited recess became apparent once their children came home from school.

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“I saw that we only had 30 minutes of recess at our school, and I felt like that wasn’t enough,” said Victoria Carey, a parent with a child in elementary school.

Carey said she initially assumed recess policies were determined by individual schools or districts, but later learned minimum requirements are set at the state level.

“So I looked into — is that our school’s policy? Is that our district’s policy?” Carey said. “And then I realized that it wasn’t either of those. Really, it was the state.”

Ally Grigg, another MMSD parent and former teacher, said a lack of movement during the school day can lead to challenges with emotional regulation and behavior at home.

“If that need is not being met at school, they come home, and my experience is my child frequently has meltdowns as soon as she gets home,” Grigg said. “A lot of times they have a lot of energy and they’re bouncing off the walls because they didn’t get that out during the day.”

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Grigg and Carey are part of a parent-led advocacy effort ‘Say Yes to Recess’, pushing for increased recess time statewide. They say their goal is not to burden teachers or administrators, but to recognize play as a meaningful part of the learning process.

“They are great tinkerers, little scientists, as they’re referred to often,” Carey said. “And they do that through play. I think recess is a great opportunity for play to practice what they’re learning in the classroom and with each other.”

Carey said parents they’ve spoken with, including some educators, often share similar concerns, even if there are questions about how additional recess would fit into already packed schedules.

“Most of the reaction is very positive,” Carey said. “Everybody agrees that kids need recess. It’s really about finding the balance between instructional time and what kids need developmentally.”

Penterman said the bill was shaped after an earlier proposal focused on increasing overall physical activity faced pushback over concerns about unfunded mandates.

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“So we kind of revamped it and looked at it,” he said. “What’s something we already have existing in place now that we can just expand?”

The Wisconsin Department of Public Instruction said it is in the process of analyzing the legislation and does not yet have an official position.

The bill is still early in the legislative process. Penterman said he hopes the proposal encourages broader discussion about how schools balance academic demands with students’ physical and mental health.

“Play is the work of a child,” Penterman said, quoting educator Maria Montessori. “And it’s so important to their development.”

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Wisconsin DHS reaffirms childhood vaccine recommendations after CDC changes

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Wisconsin DHS reaffirms childhood vaccine recommendations after CDC changes


The Wisconsin Department of Health Services on Thursday reaffirmed its recommended childhood vaccine schedule after recent changes at the federal level.

Wisconsin vaccine guidance

Local perspective:

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On Monday, the U.S. Centers for Disease Control announced changes to its childhood vaccine schedule. The DHS said those modifications further stray “from alignment with America’s leading medical associations and organizations.”

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At this time, the DHS said it is not making changes to its vaccine recommendations – including no changes to Wisconsin’s school or child care vaccine recommendations.

The DHS said it continues to endorse the American Academy of Pediatrics schedule and has issued guidance to Wisconsin health care providers reaffirming that recommendation.

What they’re saying:

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“The CDC’s new recommendations were based on a brief review of other countries’ practices and not based on data or evidence regarding disease risks to children in the United States,” DHS Secretary Kirsten Johnson said in a statement. “This upends our longstanding, evidence-based approach of protecting our children from the viruses that pose a risk in our country.

“Copying another country’s schedule without its health and social infrastructure will not produce the same health outcomes. It creates chaos and confusion and risks the health of Wisconsin’s youngest and most vulnerable citizens.”

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Big picture view:

The U.S. Department of Health and Human Services said the CDC will continue to recommend that all children are immunized against 10 diseases for which there is international consensus, as well as chickenpox.

The updated schedule is in contrast to the CDC child and adolescent schedule at the end of 2024, which recommended 17 immunizations for all children. On the new schedule, vaccines – such as those for hepatitis A and B, meningitis, rotavirus and seasonal flu – are now more restricted. They are recommended only for those at high risk or after consultation with a health care provider. 

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What they’re saying:

“President Trump directed us to examine how other developed nations protect their children and to take action if they are doing better,” Health Secretary Robert F. Kennedy Jr. said. “After an exhaustive review of the evidence, we are aligning the U.S. childhood vaccine schedule with international consensus while strengthening transparency and informed consent. This decision protects children, respects families, and rebuilds trust in public health.”

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The Source: The Wisconsin DHS released information about its childhood vaccine recommendations. Information about the CDC changes is from LiveNOW from FOX with contributions from The Associated Press.

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