The Zebersky Payne Shaw Lewenz Class Action Team has filed a national class action lawsuit against the National Association of Boards of Pharmacy (NABP) after it issued false failing NAPLEX scores for the second year in a row. The 25-page lawsuit alleges that students who spent years studying to receive their doctor of pharmacy degrees received “some of the worst news they would ever receive” when NABP wrongly told them that they had failed the NAPLEX, when in reality, they had passed.
The NAPLEX is the culmination of the academic careers of those who have received a doctor of pharmacy degree and are about to advance into their professional lives. A passing score often confirms a job contract, residency, or other opportunity. A failing score, however, leads not only to trauma and distress, but also to demotions or even rescinded job offers or residencies.
The case stresses that the trauma and distress that came with candidates being told that they had failed cannot be understated. Our plaintiff, a Texas resident and one of roughly 600 people who took the NAPLEX between August 31 and September 8, 2021, and between July 30 and October 26, 2022, lost her intern license, the ability to work her full-time job, and her part-time job as a result of NABP’s negligent test scoring.
According to the lawsuit, NABP knew about the problems with the NAPLEX scoring system because the same thing happened to more than 400 students last year. The filing contends that the NABP promised to provide proper exam results and broke that promise to hundreds of hopeful pharmacy students
The putative class action seeks relief on behalf of all persons in the United States, Washington D.C., Puerto Rico, Guam and the U.S. Virgin Islands who took the NAPLEX test administered by NABP between August 31 and September 8, 2021, and July 30 through October 26, 2022 who received a false failing score.
The case is being handled by Jordan A. Shaw, Esq., Zachary D. Ludens, Esq., and Lauren Palen, Esq. and is set for a mediation on February 28, 2023.