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EpiPen Direct Purchaser Litigation

Silver Golub & Teitell LLP (“SGT”) has filed a putative class action in the United States District Court for the District of Minnesota on behalf two drug wholesalers and a proposed class of all direct purchasers of EpiPens against EpiPen’s manufacturer (Mylan) and the three largest prescription benefit managers (“PBMs”) — Express Scripts, CVS Caremark and OptumRx — alleging illegal combinations between Mylan and each of the PBMs and bribes and/or kickbacks inflating the price of EpiPens in violation of RICO and federal antitrust laws.

Plaintiffs allege that Mylan paid bribes and kickbacks to the PBMs to ensure that Mylan could raise the price of the EpiPen with impunity while also keeping a monopoly share of the market. In doing so, Plaintiffs claim, all Defendants violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(c), and Mylan violated the Sherman Antitrust Act, 15 U.S.C. § 2.

On January 15, 2021, Hon. Eric C. Tostrud upheld most Plaintiffs’ claims in granting in part and denying in part Defendants’ motions to dismiss.  Plaintiffs’ claims against Mylan and the PBMs were upheld, but claims against the PBMs’ corporate parents were dismissed.

The case is In re: EpiPen Direct Purchaser Litigation, Case No. 20-cv-0827 (D. Minn.) before Hon. Eric. C. Tostrud.

If you are, or were, a user of an EpiPen manufactured by Mylan and wish to discuss your rights in relation to this class action, please contact Steven Bloch by email at sbloch@sgtlaw.com or by telephone at (203) 325-4491.

Steven Bloch is a partner at Silver Golub & Teitell LLP, a law firm with offices in Stamford, Hartford, Waterbury and Danbury, Connecticut.

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