In a lawsuit filed in August of last year, Humana accused Mallinckrodt of partaking in “one of the most outrageous price-gouging schemes in the history of American medicine” with its anti-inflammatory drug Acthar Gel. Humana alleged that a vial of Acthar cost $40 in 2001, but its cost grew to $39,000 by 2018, or by 97,500 percent.
When the lawsuit was filed, Mallinckrodt told Becker’s in a statement that it “strongly believes that Humana’s complaint is completely without merit” and “that the complaint should be dismissed in its entirety.”
Federal Judge Dale Fischer of Los Angeles declined to grant Mallinckrodt’s motion to dismiss the lawsuit in its entirety, though granted dismissal of some parts of the suit. According to his Aug. 14 order, Mr. Fischer said Humana’s antitrust claims against Mallinckrodt can advance.
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