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Drugmaker Mylan Inc.’s request to throw out an EpiPen prescription class action that accuses the company of bribery and conspiracy has been denied by a Minnesota federal judge.
The plaintiffs, drug wholesalers Rochester Drug CoOperative, Inc., and Dakota Drug, Inc., are accusing the manufacturers of the EpiPen device of paying bribes and kickbacks to a group of pharmacy benefit managers (PBM) to ensure that Mylan Inc. could increase the price of the device without consequences, ultimately maintaining a monopoly on the market.
EpiPens are a type of medical device which injects epinephrine into the body of someone experiencing a life-threatening allergic reaction known as anaphylaxis. EpiPens help block the body’s allergic response until the person can be taken to a hospital to receive emergency medical care.
People with severe allergies to foods, insects, and other allergens may carry an EpiPen on them at all times to help protect them from an untimely death. Unfortunately, access to these products has been complicated by the ever-rising price of both branded and generic EpiPens.
The complaint says that through the drugmaker’s alleged actions, the Racketeer Influenced and Corrupt Organizations Act (“RICO”) was violated, as well as the Sherman Antitrust Act.
Mylan and the PBM defendants each argued in separate but similar motions to dismiss the notion of any foul play having occurred, alleging that the plaintiffs have not brought forward plausible RICO or antitrust monopoly claims. The defendants also challenged the timeliness of the claim, arguing that plaintiffs should have discovered the RICO violation in 2013, when the kickback scheme first began.
Both motions were denied by U.S. District Judge Eric Tostrud, who ruled that the plaintiffs provided plausible claims under the RICO and Sherman Act to keep the proceedings going, at least for the time being. It was also determined that the timeliness of the RICO claims could not be resolved at the pleading stage.
TCA reached out to Mylan for a comment and will update the story when we hear back.
Drug maker Mylan has been at the center of conspiracy and antitrust claims recently. Following the certification of two Classes last year, a website was established for an EpiPen price class action lawsuit.
Several EpiPen price class action lawsuits were filed against Mylan and other manufacturers in 2016 and 2017. In October 2017, these cases were consolidated in a multidistrict litigation centered in the District of Kansas.
Have you purchased a branded or generic EpiPen product? Are you included in the certified Classes? Let us know in the comment section below.
The EpiPen Antitrust Class Action Lawsuit is EpiPen Direct Purchaser Litigation, case number 20-cv-0827, in the U.S. District Court for the District of Minnesota.
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255 thoughts onEpiPen Antitrust Class Action Lawsuit to Proceed, Judge Says
Please add me to this list for Epi pens. Have had to use them for years. Ridiculous that a life saving measure drug such as this has to cost so much when it should be easier to buy and not cost you your life in order to get one.
Add me
Add me please
Add me..I was given Epi pens in each thigh and Prescription filled also due to allergic reactions
Please add my name to this class action. Thank you.
Add mev
Add me please
Add me
Please add me to the list. My daughter has carried 2 epipens for the past 18 years.
Add Me
Please add me. my daughter has had one or two at all times for years.
Yrs been carrying expired pen prices are extremely HIGH