David Ko selected for leadership role in Insulin Overpricing MDL

December 14, 2023
David Ko

On August 18, 2023, the Judicial Panel on Multidistrict Litigation ordered this case and a number of related cases to be transferred to the District of New Jersey for coordinated proceedings. On December 6, 2023, Keller Rohrback partner David Ko was appointed to the Executive Committee for the Self-Funded Payer Track of the MDL In Re Insulin Pricing Litigation.  

Keller Rohrback L.L.P. was among the first firms in the country to sue pharmacy benefit managers for conspiring with insulin manufacturers to drive up the cost of insulin for American consumers. Keller Rohrback represents multiple government entities against the three largest pharmacy benefit managers (PBMs), CVS Health/Caremark, Express Scripts, and OptumRx, and three of the major manufacturers of insulin: Eli Lilly, Novo Nordisk, and Sanofi-Aventis. The claims are based on the skyrocketing cost of insulin these government entities have incurred for employees and beneficiaries of their self-funded plans, costs of which have risen more than tenfold over the past twenty years. The PBMs and insulin manufacturers game the system by manipulating “list” and “net” prices, resulting in a vicious cycle of price increases by manufacturers vying to win the favor of the PBMs. 

At Keller Rohrback, we believe that “Big Pharma” should be held accountable for its abuses, and we’re doing our part to make that happen. We’ve successfully brought cases that returned hundreds of millions of dollars to consumers and health plan payors who have overpaid for prescription drugs due to misconduct, and we’re continuing to use the legal system to represent consumers and health plans in actions where abuses have been identified.