Mr. Morrisey issued a subpoena to Mylan on Aug. 26 seeking answers over EpiPen price hikes, but the drugmaker failed to provide all requested information by the Sep. 7 deadline. In response, Mr. Morrisey filed a petition on Tuesday in the Circuit Court of Kanawha County requesting court enforcement of the subpoena.
The subpoena calls for information that would prove whether Mylan underpaid for rebate amounts needed to participate in West Virginia’s Medicaid program, according to the report. It also asks for information regarding the drastic price increase of EpiPens.
“I have a statutory responsibility to investigate any potential antitrust violation,” Mr. Morrisey said in a written statement. “My office owes it to consumers to be their watchdog and turn over every rock to ensure fair play.”
Canonsburg, Pa.-based Mylan claimed it could not provide Mr. Morrisey with further information until after its Capitol Hill hearings, which “could continue for weeks,” the petition said.
Mylan CEO Heather Bresch is due to appear before the U.S. House Committee on Oversight and Government Reform Wednesday to explain why EpiPens, which cost $57 per pen in 2007, now run for more than $600 for a two-pack.
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