Silver Golub & Teitell (SGT) is among the firms representing Rochester Drug Co-Operative Inc., Dakota Drug Inc., and Morris & Dickson Co., wholesalers that purchased brand-name EpiPen directly from manufacturer Mylan Pharmaceuticals, now known as Viatris Inc. The plaintiffs allege that Mylan engaged in an unlawful scheme with the three largest pharmacy benefit managers, Express Scripts, CVS Caremark, and OptumRx,to inflate the price of EpiPen, in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Sherman Antitrust Act. In October 2025, the plaintiffs reached a confidential settlement with Mylan, and the litigation is continuing against the pharmacy benefit manager defendants.
Overview
The pharmacy benefit managers serve as powerful intermediaries that control which drugs are favored on insurance formularies. According to the complaint, Mylan bribed the PBMs by inflating the list price of EpiPen, which increased the monies paid to and retained by the PBMs. In exchange, the PBMs allegedly favored and promoted utilization of EpiPen over competing products, causing direct purchaser wholesalers at the top of the supply chain to buy EpiPen at improperly inflated prices. The defendants challenged the action in two separate rounds of motions to dismiss under Federal Rule of Civil Procedure 12(b)(6) and a third motion for judgment on the pleadings under Rule 12(c). The court sustained the plaintiffs' claims in large part at each stage, upholding novel RICO theories as applied to this pharmaceutical supply chain.
Class Definition
The proposed class consists of direct purchasers that bought brand-name EpiPen directly from Mylan during the relevant period.
Case Updates
In October 2025, the plaintiffs reached a confidential settlement with defendant Mylan. The action is proceeding against the remaining defendants—Express Scripts, CVS Caremark, and OptumRx.
Case Information
In re EpiPen Direct Purchaser Litigation, Case No. 20-CV-00827, is pending before the Honorable Eric C. Tostrud in the United States District Court for the District of Minnesota.
