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A group of plaintiffs from several different states have filed suit against Mylan Pharmaceuticals Inc., claiming the company’s marketing of EpiPens violates consumer protection laws.
The plaintiffs specifically challenge Mylan’s practice of marketing EpiPens exclusively in two-injector packs rather than as single injectors.
They claim Mylan uses the two-pack marketing solely to boost its revenues, requiring persons who depend on EpiPen for their life and health to purchase more of it.
They accuse Mylan of misstating the available scientific evidence to justify the two-pack.
These alleged misstatements violate the consumer protection laws of the named plaintiffs’ home states and those of several other states, they argue.
EpiPen is a device that uses a spring-loaded needle to inject a single dose of epinephrine, or adrenaline. It’s used as a first-line treatment for anaphylaxis, a severe, potentially life-threatening allergic reaction.
Persons with severe allergies who are at risk for anaphylaxis are advised to keep EpiPen handy at all times for emergency use, according to the class action lawsuit.
Mylan has held worldwide rights to EpiPen when it acquired Dey Pharma in 2007.
According to the plaintiffs, Mylan’s EpiPen now controls an 85 percent share of the epinephrine autoinjector market, a market reportedly worth $1.3 billion. Since acquiring the rights to EpiPen, Mylan has increased its wholesale price by about 400 percent, the plaintiffs say.
When Mylan announced that it would cease marketing EpiPen as a single injector, it cited as justification a 2010 report by the National Institute of Allergy and Infectious Diseases.
Plaintiffs say that report provided only “limited information concerning the possible need for additional doses of epinephrine.”
The EpiPen class action lawsuit further claims Mylan grossly overstated its medical justification for the two-pack.
Plaintiffs say that one of the studies Mylan cited shows that only a small proportion of persons required a second dose, and almost all of those received their second dose from a health care professional.
Plaintiffs also say no study shows any significant benefit would come from forcing physicians to prescribe two EpiPen injectors at a time, as opposed to leaving them the option of prescribing only one at a time.
They accuse Mylan of taking away physicians’ judgment by discontinuing the single-injector option.
The plaintiffs are proposing a nationwide plaintiff Class consisting of all EpiPen purchasers who were required to purchase their EpiPens in two-packs or would in the future be required to do so in the absence of the relief requested in this EpiPen class action lawsuit.
They are also proposing four subclasses consisting of Class Members from each of the named plaintiffs’ home states –specifically, Michigan, Kentucky, Connecticut and New Hampshire.
They are asking the court to certify the proposed Class and to award them damages, restitution and disgorgement of profits, attorneys’ fees and costs of litigation. They also seek an injunction barring Mylan from limiting sales of EpiPen to packs of two and from charging unconscionable prices for EpiPen.
Representing the plaintiffs are attorneys Sharon S. Almonrode, E. Powell Miller, Christopher D. Kaye and Mahde Y. Abdallah of The Miller Law Firm PC, and Ari Kresch of Excolo Law PLLC.
The EpiPen Deceptive Practices Class Action Lawsuit is Anastasia Johnston, et al. v. Mylan Specialty L.P., et al., Case No. 2:16-cv-13060, in the U.S. District Court for the Eastern District of Michigan.
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42 thoughts onEpiPen Class Action Says Two-Packs Violate Consumer Protection Laws
My daughter has severe peanut allergy requiring me to purchase. I have proof of purchase. How do I file a claim?
Let us know how to file and when we have recent receipts. Thanks
I bought the from cvs years ago in camden al how do I file
I would like to join but I have no proof of purchase because it was years ago that I bought it in Bradenton FL
I have to have these but when I purchased the pen way back it was $100.00 through CVS pharmacy years ago. I couldn’t even afford that now!!! So I just pray I don’t get attacked by fire ants!!! And they didn’t give two pens they only sold me one!
Where can I join the suit?
havent been able to purchase since I have been out of work due to no insurance as I cant afford it in NC either. Still have my outdated just in case hopefully it will work long enough to get to the ER .
I need to purchase the Epi Pen annually for my husband who has a severe allergic reaction to bee/wasp stings. One year I had to pay cash and this year my insurance covered much of it, but the cost is prohibitive. Should the continuing decline in the American Health Insurance industry prevail – those that need these life supportive items will be out of luck. All I can say is the ACA only enables the pharmaceutical companies to gouge consumers. This needs to stop.
I can’t afford the price, I will be signing up for the lawsuit—if I am still alive.
How do you sign up? I get three two packs for my food allergies and they want 600 per each pack that’s 1800 dollars?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
You can also contact class counsel with any questions you have about the case. Current counsel is listed at the bottom of the article and can be Googled for contact information. We wish you the best of luck in your pursuit of justice!
I live on a fixed income i cant afford the high price
Hi there I have a severer allergy to bees hornets wasps spiders and I have to have this medication I live in the woods in Northern Maine the newest hospital is 45 minutes away when my window of getting bit is one hour with this shot is slim…Last year after my doc gave me a script for this they told me Rite Aid would be cheaper we found Rite Aid would have cost 495.00 each two in a pack so I went to our Walmart these are our only two stores in the little town of Lincoln we live 45 minutes away from Lincoln Maine…. any how Walmart said it would 400.00 a piece pack of two so the prices are just out rageous lets hope I dont get stung again this year I have already gone threw 3 pens this year I have one in my car, one in my purse and one in the house this is such a shame that they do this to simple people who really need this drug to save our lives its not like its fun taking it or that you can abuse it this is just sad very very sad
i agree the same as me in nys it 896.99 for 1 twin pack it take 2 days to get it at rite aids in east northport ny