We would like to hear your story! If you have purchased EpiPens through your employer-provided health plan and would like to find out more, please contact Keller Rohrback at 800-776-6044 or email .

Keller Rohrback Files Consolidated Class Action Complaint Against Pharmacy Benefit Managers About Their Role in the EpiPen Pricing Scandal

 

On April 2, 2018, Keller Rohrback L.L.P. and Interim Co-Lead Counsel filed a consolidated class action complaint in the United States District Court for the District of Minnesota.

The Plaintiffs filed this consolidated complaint against the top four Pharmacy Benefit Managers (“PBMs”) that serve as gatekeepers between drug and medical supply manufacturers and sellers on the one hand, and health plans and patients on the other. PBMs use their market position to negotiate rebates, fees, and other concessions from the seller of the EpiPen, Mylan N.V. and its affiliated companies (“Mylan”), which the PBMs claim reduce the cost of pharmaceutical products to health plans and consumers.

However, Plaintiffs’ complaint alleges a very different reality—instead of working to reduce costs, the PBM Defendants engaged in a pricing scheme with Mylan that induced and enabled Mylan to unfairly and unlawfully inflate the prices of EpiPen brand epinephrine auto-injector products in exchange for providing the EpiPen favorable placement on the prescription drug benefit formularies that the PBMs manage and control. This scheme enriched the PBMs, who keep much of the money Mylan pays them, at the expense of health plan participants and beneficiaries in the proposed Class, who pay inflated prices as a result of the scheme. Plaintiffs’ claims are brought under the Employee Retirement Income Security Act of 1974 (“ERISA”), which imposes strict fiduciary duties on entities that administer and manage employer-sponsored health plan benefits. Plaintiffs allege that the PBMs breached these duties in facilitating profits for themselves to the detriment of participants and beneficiaries who have vastly overpaid for EpiPens.

To learn more about PBMs and their role in drug prices click HERE.

We would like to hear your story! If you have purchased EpiPens through your employer-provided health plan and would like to find out more, please contact Keller Rohrback at 800-776-6044 or email .

Attorney Advertising. Prior results do not guarantee a similar outcome. Not licensed to practice law in all states. Please refer to www.krcomplexlit.com for details.

 

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