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A class action lawsuit filed by direct purchasers who claimed that Pfizer, Mylan, and other pharmaceutical companies conspired to drive up the price of EpiPen has been tossed — for now.
Consumers saw the price of EpiPen skyrocket by as much as $500 in less than ten years. In February 2020, KPH Healthcare Services Inc sought to represent direct purchasers of EpiPen in a class action lawsuit accusing drug makers of antitrust activity, including racketeering, designed to extract the maximum amount of profit by driving up the EpiPen price.
EpiPens are “an auto-injector treatment” that delivers the drug epinephrine to counteract severe allergic reactions and anaphylaxis. The devices are carried by millions of consumers in case they have a life-threatening allergic reaction; however, EpiPens have a limited lifespan and must be replaced to remain effective, according to researchers.
KPH Healthcare alleged that drugmakers delayed the introduction of a cheaper, generic equivalent that would have drove down the EpiPen price; however, U.S. District Judge Daniel D. Crabtree ruled this week that KPH Healthcare, a retail and online pharmacy operator, cannot act as the lead plaintiff in the antitrust class action lawsuit.
Pfizer, Mylan, and the other pharmaceutical companies pointed out in a motion to dismiss the EpiPen price class action lawsuit that KPH Healthcare does not buy the drug directly, but through another company. Judge Crabtree agreed; however, KPH Healthcare will have the chance to amend their complaint.
Myland and Pfizer said that they were happy with the recent ruling and denied any wrongdoing regarding EpiPen price increases in emailed statements to Law360.
Earlier this month, Pfizer reached a $345 million settlement with consumers in a separate class action lawsuit alleging the company used anti-competitive practices along with retailer Mylan to inflate the EpiPen price.
In 2016, Mylan paid $465 million in a settlement agreement with the U.S. Department of Justice to end claims that the company misclassified EpiPen Auto-Injectors for the Medicaid Drug Rebate Program.
Do you carry one of these devices? Have you paid a higher EpiPen price? Tell us about your experience in the comment section below!
The plaintiff is represented by Thomas P. Cartmell, Eric D. Barton and Tyler W. Hudson of Wagstaff & Cartmell LLP, Dianne M. Nast of NastLaw LLC and Michael L. Roberts of Roberts Law Firm PA.
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8 thoughts onEpiPen Price Class Action Lawsuit Accusing Pfizer, Mylan of Racketeering Dismissed
In 2020 I had one of the pens for an Asthma attack, it really work and it was not of date for use. I did feel the pain and sting when I jabbed my leg nor did I feel the surge of medication I needed.
Add me please
I have one on hand, but it’s out of date because the price is too high. I keep it for allergic reaction to yellow jackets, red dye 40, strawberries etc
In May of 2014, I was diagnosed with severe allergies which were causing severe and very frequent Upper Respiratory infections and severe and frequent Bronchitis and Pneumonia. I was prescribed Allergy Shots and a EpiPen Pen to make sure I didn’t end up fighting for my life in the ER. When the prices went sky high, I had to stop paying for EpiPens because I couldn’t afford it. Because I couldn’t buy an EpiPen anymore, I had to stop the Allergy shots. Now, I’m back to constant allergies, upper respiratory infections, Bronchitis and Pneumonia. I’m now on three asthma medications. My O2 percentage runs around 91 percent and I can no longer work. I am on total disability, so, my income has been cut in half and I’m on Medicare. I wanted to work until retirement age, but, that couldn’t happen. I had to go on total disability at 54 years old. Davona Newton
When I was 14 I started having severe anaphylactic attacks to unknown things , a couple months later I would have them frequently. I remember when they told me my insurance wouldn’t cover my EpiPen , I spent most of my life in a hospital because I could afford them. I went into a coma behind the cost of those epi pens that was may 11, 2019.
I’m highly allergic to wasp and bees. I live in the country, if I didn’t have my Pen it wouldn’t be good cause I wouldn’t make it to the hospital in time.
I use this form allergies to shellfish and bees
I use to use it for reactions from bee stings and peanut allergies.Sometimes red flavor juices.