Case Overview
On December 2, 2022, Keller Rohrback L.L.P and its co-counsel filed a class action complaint alleging that Teva Pharmaceuticals Industries, Ltd., its subsidiaries, and former officer William S. Marth participated in a scheme to improperly block access to two different pharmaceutical products: the generic version of the EpiPen, a life-saving drug/device combination for the treatment of severe allergic reactions, and Nuvigil, a wakefulness medicine. Plaintiffs allege that Teva signed secret deals with other pharmaceutical manufacturers to exchange market access for EpiPen and Nuvigil, to protect their respective market shares and to delay entry of generic competition for their respective branded drugs for several years longer than legally allowed. As a result of this conspiracy, Plaintiffs allege, Teva enriched itself at the expense of American health plan payors and consumers who overpaid by hundreds of millions of dollars—if not billons—for these medications. The action is pending in U.S. District Court for the District of Kansas.
A previous action concerning the pricing, sales practices, and marketing of the EpiPen, against different defendants, has already resulted in settlements totaling $609 million. See In re EpiPen Marketing, Sales Practices, & Antitrust Litigation, 17-md-2785 (D. Kan.) (See Keller Rohrback’s website) This settlement, however, addressed only the EpiPen, and certain companies roles in the pay-for-delay scheme. Our new case addresses the other participant in the scheme, Teva, and the other side of the exchange: Nuvigil. This case seeks to hold Teva accountable for its role in delaying generic options both for the EpiPen and Nuvigil.
In the News
Reuters: Teva delayed generic EpiPen, Nuvigil in illegal scheme, new suit says
Fierce Pharma: EpiPen litigation comes back to haunt Teva a decade after initial settlements
New York Times: Viatris Agrees to Settle EpiPen Antitrust Litigation for $264 Million
Reuters: Pfizer agrees to pay $345 mln to resolve EpiPen pricing lawsuit
Law360: Edgar et al v. Teva Pharmaceuticals Industries, Ltd. et al
CONTACT US:
For more information about this case, please email us, call us, or fill out the secure form below.