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Multidistrict Litigation Against Mylan Pharmaceuticals – EpiPen

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation
United States District Court, District of Kansas
MDL No. 2785

Case Update

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. 

 “Today marks a milestone in the EpiPens pricing litigation. This important case seeks to hold the Mylan Defendants, Pfizer Defendants, and Mylan CEO Heather Bresch accountable for their conduct with respect to the EpiPen, including their role in increasing the price of this life-saving medication by over 600%. We are pleased that the Court has recognized that the case can proceed on behalf of a class of certain consumers and payors nationwide. The Court’s thorough and carefully-reasoned order represents an important step forward in our efforts to vindicate the plaintiffs’ rights,” said Lynn Sarko, Keller Rohrback’s Managing Partner.

Note: if you have purchased EpiPen products at any point since March 13, 2014, and are interested in understanding your rights and potentially pursuing a claim, please contact attorney Gretchen Freeman Cappio at 800-776-6044 or email consumer@kellerrohrback.com.

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. Potential class members include individuals, families, and school districts who purchased EpiPen products either out-of-pocket or through employer or public insurance coverage. The price of EpiPen products has increased more than 500% 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 consumer protection theories of liability.

Lynn Sarko, Keller Rohrback’s Managing Partner, currently serves as Co-Lead Counsel.

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.

Source.

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.

“Mothers and fathers have asked us to stand up in court against the skyrocketing prices of EpiPens,” explains Keller Rohrback partner, Gretchen Freeman Cappio.

Keller Rohrback Managing Partner Lynn L. Sarko 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 — from manufacturers to pharmacy benefit managers (PBMs) to patients.”

If you have questions about the price you or your family and friends pay for EpiPens, please feel free to contact KR at 800-776-6044 or email consumer@kellerrohrback.com.

Case Documents

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