EpiPen Antitrust Lawsuit

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Our antitrust attorneys are investigating lawsuits in response to the massive increase in EpiPen prices since Mylan Pharmaceuticals purchased the lifesaving drug in 2007.

If you purchased EpiPens, either as an individual with a prescription for allergies or as a direct purchaser (pharmacy, medical office, etc.), please contact our antitrust attorneys to learn more about EpiPen lawsuits.

Through an EpiPen lawsuit, we may be able to help you recover financial compensation for some of the costs of EpiPen prescriptions. Our legal consultations are always free and there is no obligation to pursue a lawsuit – contact us for more information.

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History of EpiPen Prices

A two-pack of EpiPens costs over $600 today – in 2007, an EpiPen could be purchased for as little as $57. This dramatic increase in prices has caused a public outcry and has sparked investigations into the pricing practices of Mylan Pharmaceuticals, who purchased the EpiPen drug in 2007.

Mylan is now facing intense criticism for increasing the prices of an essential drug for no apparent reason other than to increase profits. Estimates show that EpiPens cost less than $30 to manufacture and contain about $1 worth of the actual drug, epinephrine. Mylan has blamed the price increases on outside factors but has so far refused to share any internal cost or price information with the public.

Price in 2007

Price in 2016

Creating a Billion Dollar Drug – The Impact of EpiPen Price Increases

Mylan has raised the prices of EpiPens and created a blockbuster drug for their company at the expense of the public. Not only has the increased cost of EpiPens put lives at risk by pricing the drug out of reach for many allergy sufferers, but taxpayers and other citizens are impacted as well.

When Mylan first acquired EpiPens from Merck in 2007, the product generated about $200 million in revenue for the company. Not bad, but after raising the price of the drug over 600 percent, EpiPens now generate about $1 billion in revenue for Mylan. Mylan’s total revenue in 2015 was a reported $9.45 billion!

In the past, insurance companies would pay most of the cost. However, recent changes in healthcare policies have forced many families to switch to high-deductible policies, forcing individuals and families to bear the full price of the drug – over $600. Many individuals who receive EpiPens are on Medicare or Medicaid, meaning taxpayers have been forced to pay for the increase in price.

EpiPen Antitrust Lawsuit

If you purchased EpiPens in the past, contact us to learn about a lawsuit against Mylan.

Did Mylan Violate US Antitrust Laws?

Antitrust law does not prohibit price gouging, so the act of simply raising prices is not illegal. However, Mylan may have violated antitrust laws by preventing a generic equivalent from entering the market and including anticompetitive language in contracts with schools and other institutional purchasers of EpiPens.

Mylan Attempts to Block Teva Generic EpiPen

There is no generic version of the EpiPen available and few alternatives for allergy sufferers. Generic manufacturer Teva Pharmaceuticals attempted to provide a generic version of the EpiPen as early as 2012.

In response to Teva’s application for a generic version, Mylan filed a patent infringement lawsuit against Teva, and the two parties entered into a settlement that would allow Teva to introduce a generic version of the EpiPen in 2015. It is not known if part of the agreement was for Mylan to withhold any authorized generic.

In January 2015, knowing that a generic would soon enter the market, Mylan filed a “citizen’s petition” with the FDA urging the agency not to approve the Teva product. Mylan followed the petition with an analysis that showed the two products were not similar enough for the Teva product to be considered a generic equivalent. This analysis included a statement from a Dr. Eli Meltzer, who was paid $95,000 by Mylan during the time period around the study.

Teva’s generic version was eventually blocked by the FDA, which cited unspecified deficiencies in the application.

Who Can File an EpiPen Antitrust Lawsuit Against Mylan?

Our experienced antitrust attorneys can help you determine if a filing an EpiPen lawsuit can help you recover financial compensation for the increase in prices of EpiPens.

We are representing both:

  • Individuals with EpiPen prescriptions
  • Direct purchasers (pharmacies, medical offices, institutions) of EpiPens

If you or your company is a purchaser or user of EpiPens, contact us for more information about an EpiPen antitrust lawsuit.