Michael A. Kakuk  |  December 5, 2016

Category: Legal News

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EpiPen-2-pak

UPDATE: December 2020, the EpiPen class action settlement website is now active. Click here to find out more.


A putative class action lawsuit filed against pharmaceutical giant Mylan N.V. and Mylan Specialty alleges the company violated consumer protection laws by artificially increasing the price of its popular and life-saving EpiPen.

In addition, the class action asserts that Mylan sells the EpiPen in a two-pack format only in the United States, requiring U.S. consumers to purchase an extra and often wasted EpiPen.

The Mylan class action lawsuit states that EpiPen prices have increased from roughly $100 for a two-pack in 2007 up to more than $600 in 2016.

“Considering it costs no more than $20 to make a two-pack of EpiPens, Mylan’s prices are far beyond what is reasonable or fair to consumers relying on the lifesaving device,” argues the class action lawsuit.

EpiPens are “an auto-injector treatment” that delivers the drug epinephrine to counteract severe allergic reactions and anaphylaxis. According to the complaint, for individuals who suffer anaphylaxis from an allergy, receiving treatment in the first 30 minutes is crucial, and an auto-injector is often “the most effective device for quickly administering epinephrine.”

The complaint states that EpiPens are carried by millions of consumers in case they have a life-threatening allergic reaction, including plaintiff Lesley Huston. Huston claims that she has purchased at least one EpiPen two-pack in Kansas, and was harmed by Mylan’s exorbitant prices and inability to purchase just one of the product.

The EpiPen unfair practices class action notes that Mylan did not create the EpiPen; instead, in 2007 it bought the product from the company that originally designed the device, and has been increasing the price of the EpiPen ever since.

The complaint asserts that Mylan instituted at least 15 price increases in the past nine years, including a price increase in 2015 right after its only competitor—Auvi-Q—left the market. In addition, in 2010 Mylan stopped selling individual EpiPens, but only in the U.S.

This is not the only lawsuit Mylan is facing for its sales practices with the EpiPen. In September, a class action was filed alleging that Mylan’s price increases were “unconscionable” and violated Ohio consumer protection laws.

Mylan recently agreed to pay $465 million in a settlement with the U.S. Department of Justice over its classification of the EpiPen as a “generic” drug for purposes of Medicare and Medicaid rebates.

Recently, Mylan engaged in some “damage control efforts,” according to the class action. The company has reduced the price of the EpiPen in other countries, and has agreed to a “discount program” in the U.S. that can provide up to $300 towards the cost of the two-pack of EpiPens.

However, the complaint points out that not every consumer qualifies for the discount program, and Mylan’s program “implicitly recognizes that the EpiPen 2-Pak is priced $300 higher than Mylan needs in order to make a fair profit.”

The Mylan unfair practices lawsuit requests certification of a Class of all persons who have purchased an EpiPen in the U.S. since Jan. 1, 2009. The class action lawsuit seeks restitution, punitive damages, and an injunction stopping “Mylan from engaging in [its] deceptive, unfair, unconscionable, and unlawful business practices.”

Huston is represented by W. Greg Wright and Charles T. Schimmel of Wright Schimmel LLC, and Isaac L. Diel of Sharp McQueen, PA.

The Mylan EpiPen Unfair Practices Class Action Lawsuit is Lesley Huston v. Mylan N.V., et al., Case No. 2:16-cv-2796, in the U.S. District Court for the District of Kansas.

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122 thoughts onEpiPen Class Action Challenges 500% Price Increase Scheme

  1. ronnee says:

    I have been on Epic pen for over 2 years now. Please add me to this claim

  2. Chris McRae says:

    We purchase this pen for my son who is allergic to shrimp. We paid full price and we had one for home and one for school. They were safe guarded in the plastic clear case. Pleas add me

  3. Ngoc Gillespie says:

    Please add me. I’ve paid full price listed.

  4. Wendy Hoppe says:

    Please add me to the lawsuit

    1. Mary Beth Oakley says:

      Please add me to the lawsuit. I have had to carry two EpiPens for years for my deadly peanut allergy.

  5. Cindy Shepard says:

    Please add me to the lawsuit! I have carried an EpiPen for many many years and pricing has been out of control!

  6. kelly Cancela says:

    Please add me

  7. Annette says:

    Please add me.

  8. Anita says:

    Please add me.

  9. Denise Frederick says:

    Please add me too!

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