For the latest case updates, including breaking news about proposed resolution and upcoming trial, see this website: www.EpiPenClassAction.com
Certified Class Action
On February 27, 2020, the Court certified two classes of consumers and payors against Defendants Mylan and Pfizer: a nationwide class under the Racketeer Influenced and Corrupt Organizations Act (“RICO”); and a class under state antitrust laws.
These classes are defined as follows:
- Nationwide RICO Damages Class (“RICO Class”): All persons and entities in the United States who paid or provided reimbursement for some or all of the purchase price of branded or authorized generic EpiPens for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries, at any time between August 24, 2011, and November 1, 2020;
- State Antitrust Damages Class (“State Antitrust Class”): All persons and entities in the Antitrust States who paid or provided reimbursement for some or all of the purchase price of branded EpiPens at any time between January 28, 2013, and November 1, 2020, for the purpose of consumption, and not resale, by themselves, their family member(s), insureds, plan participants, employees, or beneficiaries.
This decision has been unsealed by the Court and is available in the Case Documents section below.
On October 13, 2020, the Court approved the proposed Class Notice Plan and ordered the Class Notice Administrator, A.B. Data, to begin distributing class notice within 30 days of the order. The Courts’ order on the Class Notice Plan is also available in the Case Documents section. To determine whether you may be a class member and further understand your rights, please visit EpiPenClassAction.com or contact A.B. Data at (877) 221-7632.
Trial is currently scheduled for January 2022.
Case Overview
This litigation revolves around the marketing, pricing, and sale of EpiPen auto-injector devices in the United States, and includes legal claims against the companies that make and market EpiPens: Mylan and Pfizer. The price of EpiPen products has increased more than 600% since 2007 and has caused undue hardship to many individuals and families that depend on this life saving medicine. Plaintiff consumers and third-party payors seek to recover substantial damages from defendants on antitrust, RICO, and other theories of liability.
This centralized action is proceeding in the District of Kansas before the Honorable Daniel D. Crabtree and Magistrate Judge Teresa J. James. A copy of the complaint is available in the Case Documents section below.
Lynn Sarko, Keller Rohrback’s Managing Partner, serves as Co-Lead Counsel. Lynn notes that our firm is particularly well-suited to address the claims in this litigation: “Keller Rohrback attorneys have the skills to address the whole picture of what’s wrong with EpiPen pricing, and we look forward to presenting the compelling evidence to a jury at trial.”
The attorneys at Keller Rohrback L.L.P. are committed to obtaining justice for EpiPen consumers that have been forced to pay inflated and unnecessary costs for this life-saving medicine. “Drugs and medical devices like EpiPens can only work if they reach the hands of the people who need them most. We are pleased to stand up for parents nationwide against the skyrocketing prices of EpiPens,” explains Keller Rohrback Partner Gretchen Freeman Cappio.
If you have questions, please feel free to contact the Class Notice Administrator, A.B. Data, by phone at (877) 221-7632 or visit EpiPenClassAction.com.
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