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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
I live on a lake and we go out on our boat. I have had previous allergic reactions to bee and wasp stings. I’m 71 years old on a fixed income. If the cost of my epi-pen goes up it will be difficult to have them as needed. Thank you for your help, Dee 707 235-2902
My son has yo have these he is highly allergic to peanuts and is in middle school and needs a epil pen and can not afford at this time please sign me up plz
I need to buy an epipen at least every two years and that is stretching the one year limit on it’s recommended effectiveness. I am on a fixed income and this new price is 10% of my annual income. Outrageous rational used for a price increase! Sign me up for this class action lawsuit.
I also have been prescribed by my Dr. 2 pack EpiPen.(Epinephrine) Auto-Injector 0.3mg. It’s very expenses. I’m located in Miami, Florida.
My 6 yr old is allergic to bees and nuts so he needs the epi pen. And I also have severe food allergies and also need an epi pen. So my cost is double and the insurance doesn’t cover any cost. I am in California. Please advise on where to file.
Thanks
Half of the lawsuit’s on your page do not tell how or when to file, So as someone else asked.
HOW do I file?
The EpiPen class action lawsuit is still moving through the courts and has not yet reached a settlement. Claim forms are usually not available until after a settlement is reached and granted preliminary approval by the court. 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! 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!
I am an EMT and just to give a bit of advice if you are taking an epipen you should also take a benidryl. Epinephrine is used to slow down the symptoms of shock but you also need a histamine blocker to stop the alergens inside the body.
Thanks for the advice
I agree. I always do Benidryl 1st. Then wait 10min and take another one. If my swelling gets worse I resort to the Epi Pen. I’m anaphylaxis & allergic to tree nuts, wheat. Eggs, Shellfish and lots of other stuff. I don’t do potlucks any more since Gluten Free stuff is now made w Almond Flour!!! That was a Two EpiPen nite and benidryl with new script for RespAir inhaler! $100 copay! I need to sign up for this. Colorado charges my ins $600
I always go to the hospital for a severe allergic to nuts and others food I don’t know I been to the hospital like 4 times cause of that so I would need that epic pen but it cost to much for me I guess the ER going to see me always
I had to purchase the epi pen out of pocket for my son who is allergic to wasp and bee venom. He was uninsured and I ended up paying around 450 dollars or more for this. I had to do this even thought it was a great financial burden.
I am on disability and cannot afford the pen. Im allergic to bees, & wasps. This price hike is outrageous!