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 No. 2:17-md-2785-DDC-TJJ (D. Kan)

Case Update

On August 20, 2018, the Court entered a decision largely denying defendants’ motion to dismiss plaintiffs’ complaint. In their complaint, plaintiffs, co-led by Lynn Sarko, Keller Rohrback’s managing partner, allege that defendants engaged in unfair and illegal activities in order to stifle competitors, maintain its dominant market position, and increase the prices of its EpiPen products unimpeded by rival competition. Among other things, the complaint alleges that the defendants violated the Sherman and Clayton act, state antitrust laws, RICO, as well as consumer protection laws. The Court’s decision (available in the Case Documents section below) made it clear that the majority of plaintiffs’ claims will proceed against the defendants.

Note. The Court’s order dismissed some claims from the action solely because there were no plaintiffs from a particular state or district. If you reside in Alaska, Arizona, the District of Columbia, Iowa, New Mexico, North and South Dakota, Oregon, Puerto Rico, Rhode Island, Vermont or Wisconsin, have purchased EpiPen products at any point since 2009, and are interested in understanding your rights and potentially pursuing a claim, please contact attorney Gretchen Freeman Cappio at 800-776-6044 or email

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.


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

Case Documents

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