State Legislatures Take Aim At EpiPen; Keller Rohrback Pursues Case On Behalf Of Consumers


July 20, 2017

As the price of EpiPen products continues to skyrocket, a number of state legislatures have begun to take matters into their own hands. This week, the Massachusetts state legislature passed a $39.4 billion budget which includes an EpiPen purchasing program that would allow the cities and towns of Massachusetts to purchase the drug in bulk for their schools and first responders.

According to State Senator Eric Lesser who introduced the provision, “As the price of EpiPens has continued to climb, parents have been forced to make unbearable choices between paying for a lifesaving drug for their child or paying for any number of other bills. This program will reduce that burden, reduce health care costs and bring significant health benefits to the state.”

Lesser advocated for the bill alongside Dr. Mark Kenton, a physician who wrote a now-viral open letter to Mylan demanding that the company “justify [its] increase of 461% for a medication that costs $4.49, to the point that patients and families who may not have insurance have to make a decision that could lead to death.”

As states like Massachusetts begin to take action on behalf of their schools and first responders, Keller Rohrback and others have filed a proposed class action complaint on behalf of individual consumers alleging that the drug manufacturer and its subsidiaries and affiliates, significantly overcharge patients for its EpiPen products. The suit, which looks to recover overpayments, among other relief, accuses the pharmaceutical company of valuing its profits above the health needs of the public.

Keller Rohrback has also begun an investigation into whether Mylan acted alone and has uncovered information indicating that insurance-industry middle-men known as Pharmacy Benefit Managers (or “PBMs”) may have facilitated the manufacturer’s scheme. Specifically, Keller Rohrback is investigating whether the nation’s three largest pharmacy benefit managers (“PBMs”), Express Scripts, OptumRx, and CVS Caremark, have conspired with Mylan to the detriment of consumers who rely on the EpiPen to treat life-threatening allergies. If you or your employer use Express Scripts, OptumRx, or CVS Caremark to purchase Epipen® brand epinephrine auto-injector products, or would like to know more please contact a Keller Rohrback attorney by calling 800.776.6044 or by emailing

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