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Following the certification of two Classes earlier this year, a website has been established for an EpiPen price class action lawsuit.
No settlement or judgement has been reached in the case, but a website has been established for the purpose of communicating with Class Members and providing updates on the EpiPen price class action lawsuit. One notable update is the Class certification which occurred earlier this year.
Though the website is live, the settlement is not accepting claims at this time. A judge has yet to approve the settlement deal. Top Class Actions will provide information on how to file a claim as soon as the details are available.
A Kansas federal court certified two Classes in February, a nationwide RICO Class and a state-specific antitrust Class. The RICO Class includes individuals and companies which paid for or provided reimbursement for branded or generic EpiPens between Aug. 24, 2011 and Nov. 1, 2020.
The antitrust Class is more specific. This Class also includes individuals and entities who paid for or provided reimbursement for branded EpiPens between Jan. 28, 2013 and Nov. 1, 2020. However, this Class only includes residents of the following states: Alabama, California, Florida, Hawaii, Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New York, North Carolina, Tennessee, and Utah.
Both Classes have certain limitations. For example, the defendants, government entities, fully insured health plans, and other entities are not included in the Classes. Consumers are also limited in their participation in the Classes.
Individuals who only purchased an EpiPen before March 13, 2014, consumers who purchased their EpiPens through a fixed dollar co-pay amount, and consumers who received EpiPens through a Medicaid program are not eligible to participate in the lawsuit. Further information about Class definitions is available on the EpiPen price class action lawsuit website.
Class Members have until Jan. 15, 2021 to exclude themselves from the EpiPen Class. Exclusion will allow Class Members to retain their legal claims against the defendants. However, Class Members who exclude themselves from the EpiPen litigation will forfeit their right to any recovery reached in this 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.
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.
Claims against Mylan and other companies contend that EpiPen prices have increased by more than 500% over the past nine years – raising the price of a two pack of EpiPens from $100 in 2007 to $600 in 2016. This dramatic price increase was allegedly implemented by Mylan over the course of nine years in 15 smaller increases.
Plaintiffs in EpiPen price class action lawsuits argue that Mylan has achieved their unconscionable price increases through antitrust actions. By paying pharmacy benefit managers who work for health plans to negotiate prices with drug makers, Mylan has allegedly been able to direct patients towards their products opposed to more reasonably priced generics.
“Thus, while in a competitive world competition would drive drug manufacturers to lower their prices, because high list prices benefit both drug manufacturers and PBMs, in the world of branded prescription drugs, the opposite occurs,” the EpiPen price class action lawsuit contends.
In addition to facing legal action over their alleged antitrust scheme, EpiPen manufacturers such as Pfizer have been accused of using misleading expiration dates to encourage consumers to refill their prescriptions before the medication expires. According to plaintiffs, this scheme has allowed Pfizer and other manufacturers to rake in significant profits.
Have you purchased a branded or generic EpiPen product? Are you included in the certified Classes? Let us know in the comment section below.
Plaintiffs and Class Members are represented by Rex A. Sharp of Rex A. Sharp PA; Warren T. Burns of Burns Charest LLP; Paul J. Geller of Robbins Geller Rudman & Dowd LLP; and Lynn Lincoln Sarko of Keller Rohrback LLP. The plaintiff steering committee includes Elizabeth C. Pritzker of Pritzker Levine LLP; Sharon S. Almonrode of The Miller Law Firm PC; W. Mark Lanier of The Lanier Law Firm PC; Damien Marshall of Boies Schiller Flexner LLP; Rosemary Rivas of Levi & Korsinsky LLP; and Steven N. Williams of Cotchett Pitre & McCarthy LLP.
The EpiPen Price Class Action Lawsuit is In re: EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation, Case No. 2:17‐md‐02785‐DDC‐TJJ, in the U.S. District Court for the District of Kansas.
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I have used epipens for a number of years please add me.
Add me
I have I need it due being bee stings
I have purchased epi pend. Please add me
My son needs EpiPen due to so many allergies.