JPML Centralizes EpiPen Pricing Lawsuits In MDL For Pretrial Proceedings

The U.S. Judicial Panel on Multidistrict Litigation (JPML) has decided to consolidated all federal EpiPen lawsuits filed over price manipulation of the emergency allergy shot, centralizing the cases before one judge for coordinated discovery and pretrial proceedings. 

Currently there are five separate complaints pending against Mylan in four different U.S. District Courts, each raising nearly identical allegations about anticompetitive conduct or unfair marketing practices associated with the critical, life-saving treatment. Most, if not all, of the complaints seek class action status to present claims for various groups of potential consumers who have used or need to use the injections, potentially impacting millions of Americans.

Given the similar questions of fact and law presented in the cases, a group of plaintiffs filed a request to consolidate the EpiPen cases before one judge as part of an MDL, or multidistrict litigation. After initially opposing consolidation, Mylan also agreed that the cases should be consolidated during oral arguments presented late last month.

Did You Know?

AT&T Data Breach Impacts Millions of Customers

More than 73 million customers of AT&T may have had their names, addresses, phone numbers, Social Security numbers and other information released on the dark web due to a massive AT&T data breach. Lawsuits are being pursued to obtain financial compensation.

Learn More

In a transfer order (PDF) issued on August 3, the U.S. JPML determined that all pending and future cases should be transferred to U.S. District Judge Daniel Crabtree in the District of Kansas for coordinated pretrial proceedings.

“These actions share factual questions arising from Mylan’s alleged dominance in the market for epinephrine auto-injectors and recent increases of the price for the EpiPen,” the JPML wrote. “Centralization thus will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary.”

The emergency allergy auto-injectors provide a critical treatment for individuals with severe allergies or asthma attacks. Many individuals carry an EpiPen at all times to inject epinephrine, a chemical that narrows blood vessels and opens the airways to the lungs, in the event they are having a serious or life-threatening allergy or asthma attack.

The pens contain epinephrine, commonly referred to as adrenaline, a hormone that can reverse severe low blood pressure and increase the heart rate, muscle strength, blood pressure, and sugar metabolism. Treatment of epinephrine can also reverse wheezing, severe skin itching, hives and various other symptoms of an allergic reaction.

Mylan has been the subject of Congressional hearings, lawsuits and public ridicule and derision since it sextupled the price of the epinephrine shots after purchasing the EpiPen brand in 2007. Critics claim that Mylan is price-gouging consumers by charging $600 for a pack of two EpiPens, which cost about $100 just 10 years ago.

0 Comments

Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

Johnson & Johnson Faces Medical Monitoring Lawsuit Over Future Baby Powder Cancer Risks
Johnson & Johnson Faces Medical Monitoring Lawsuit Over Future Baby Powder Cancer Risks (Posted yesterday)

Women who used Johnson's Baby Powder around their genitals for feminine hygiene purposes now live in fear of developing ovarian cancer, according to the class action lawsuit seeking medical monitoring for future diagnoses

More Than 9,600 Join Suboxone Lawsuit Over Tooth Decay in MDL Filing
More Than 9,600 Join Suboxone Lawsuit Over Tooth Decay in MDL Filing (Posted 2 days ago)

A bundled complaint of about 9,600 Suboxone lawsuits were filed in federal court on Friday, ahead of the two-year anniversary of the FDA requiring tooth decay label warnings on the opioid treatment film strips, which is also a deadline for filing a civil complaint in many states.