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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
Located in Michigan how do I apply to join this suit?
I am on a fixed income and they are to expensive
Linda
I hope i can get in on this claim. I have severe allergies to alot of things. I don’t know what i do without it. If something does happen i could die without this it is life threaten … don’t they care about people who needs this. Wow. I am in so much shock to see how many other’s need it. I know i am not alone in this now. Let’s all hope and pray this will go thru. So we all can claim this one is it a matter of life …
I too cannot afford the increase of dual pack Epi Pens – aside from being disabled, I have had multiple incidences having to use Epi Pens after bee/insect stings which allowed me to get to the closest hospital or I would have died.
There is nothing “NEW” about these Epi Pens, such as a cost for Research and Development, same formula, same packaging — so what’s the justification for the unfathomable increase in price when so many lives depend on this product? There is “competition”, they have a monopoly on this and because they can.
I believe MYLAN should be held responsible for any deaths that will probably occur due to a FATAL anaphylactic episode that could have been prevented with this medicine.
We have no options with this type of medication and this increased cost is criminal as well.
Both of my daughters have Epi-Pen. I am disgusted with this.
recently ive become alergic to all kinds of fruits ended up in ER i as given scrip for epie pen, came in a 2 pack luckly have not had any reactions to have to use the pen my problem is i have medical what if i need to refill and i have to pay out of pocket which will be impossible, what is wrong with these manufactures that seem to think they should charge so much when so many people have life threating allergies, shame on you!!!
My 10 year old need it, due to severe food allergies. I went to Walgreens to pick it up and it was over 600 dollars. I couldn’t afford it! Since school has started I told my child to not eat anything unless her dad or I give it to Her! Don’t have time for mistakes!!!!
Where can I join the suit?
There are a lot of things that I’m allergic to (nuts, latex, some sea foods) therefore I have been prescribed the Epic. I have to carry one with me each day, just in case. With my medical insurance it’s difficult to afford it at this price, but if the price increase, it’s going to be very hard to afford.
I too have an allergy to bees, wasps, hornets and have been stung many times over the years. I am retired on medicare and my drug plan doesn’t cover this life or death epi pen. I have been lucky and did not get stung this year or last and my pens are now expired. I dread the thought of having to purchase another two pack but I must have it available at a moment’s notice. I carry one two pack in my purse and one stashed at home. With the new cost that will be around 1200 bucks for something I may or may not use. They should at least be able to take back the expired ones and give you a discount on a new prescription. Please help us seniors and people on fixed incomes who need these to survive. I read that the CEO of the Mylan company raised her salary to 19 million dollars a year from 2 million. I would like to know how she would feel in anaphylactic shock without being able to afford an epipen!