The lawsuit, filed at a federal court in Tacoma,Wash., claims the company colluded with pharmacy benefit manufacturers — such as CVS Caremark, Express Scripts Holding and Optum RX — to limit market competition and charge higher prices for EpiPens.
The unnamed plaintiffs said Mylan offered large rebates to PBMs to earn preferential treatment, allowing the drugmaker to dominate the market and artificially increase EpiPen’s sticker price, which led to higher costs for patients. The lawsuit is seeking class-action status to represent EpiPen consumers across the country.
While Mylan faces other lawsuits over EpiPen pricing, this is the first suit to highlight the role of PBMs, although they are not named as defendants in the suit, according to the report.
Mylan spokeswoman Nina Devlin declined Reuter’s request for comment.
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