Is EpiPen Price Gouging Going to Lead to Lawsuits?

December 14, 2016 / 12:00 pm

There is much outrage over the increase in EpiPen pricing from the internet as well as from the patients that need the life-saving medication. The EpiPen device is used to stop life-threatening allergic reactions to common allergens such as bee stings, peanuts or other types of foods. The auto-injector device is stored in a convenient, small container and is injected into the patient’s thigh to stop a severe allergic reaction, such as anaphylaxis.

The EpiPen was less than $100 and was easily available to both families and schools with children who were susceptible to allergic reactions. However, Mylan Pharmaceutials Inc (MYL.O) acquired the auto-injector device in 2007 and hiked the price to more than $600 per EpiPen. This is why many parents, politicians and consumer groups are criticizing Mylan and accusing it of violating consumer protection laws.

Mylan Pharmaceuticals is Facing Lawsuits, Subpoenas and More

Now, a lawsuit was filed by an Ohio woman whose son has an allergy that requires an EpiPen. The complaint calls the “outrageous, unconscionable and immoral high prices” Mylan has set is “nothing more than price gouging.” The lawsuit goes on to say the price increases violate the Ohio Consumer Sales Practices Act, which includes taking advantage of a consumer’s physical infirmities, like medical conditions, and “unconscionable” acts in regards to consumer transactions, such as a drastic price hike. This lawsuit is anticipated to turn into a class action lawsuit.

A separate class action lawsuit was filed in Michigan accusing Mylan of gouging consumers by reducing the number of EpiPens sold in a pack to just two.

Additionally, a subpoena has been issued in West Virginia by the state’s Attorney General as part of an investigation into the pharmaceuticals company regarding Medicaid fraud and violation of antitrust measures.

Several U.S. senators are calling on the U.S. Federal Trade Commission to issue a subpoena into the company regarding its EpiPen pricing. That same day, the New York Attorney General announced the launch of his own investigation as to whether the company violated antitrust laws in providing EpiPens to schools.

According to Food Allergy Research and Education (FARE), more than 15 million people in the U.S. alone have food allergies. Mylan may be facing more individual lawsuits, class action lawsuits, subpoenas and anything else outraged consumers and politicians can throw at it (and rightfully so). The company executives should be ashamed of themselves for exploiting vulnerable people who may not be able to afford a life-saving $600 medical device.

After receiving pressure from lawmakers, the company is promising to create a generic brand for $300 and expand its discount programs. But is this enough? Do you think Mylan Pharmaceuticals will reduce the price back down to $100? Let us know what you think on our Facebook and Twitter pages!

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Colson Hicks Eidson is pleased to announce that Zachary Lipshultz has become a partner with the firm.

Dean Colson, managing partner of the firm, commented: “Zach is a valued member of the firm and a respected figure in the South Florida legal community. His practice focuses on complex commercial litigation and products liability matters, representing both plaintiffs and defendants in high-stakes disputes across a wide range of industries. He is known for his strategic judgment, rigorous advocacy, and ability to manage cases involving significant financial exposure and novel legal issues.”

During his six years at Colson Hicks Eidson, Zach has worked with Bob Martinez, Curtis Miner, and other firm partners to secure four nine-figure judgments against Fortune 500 companies, obtain dismissals with prejudice on behalf of multiple Fortune 500 defendants, and successfully represent clients before arbitral, state, and federal forums, at trial and on appeal.

According to Senior Partner Bob Martinez: “Zach has been the indispensable force behind our victories in several high-stakes matters over the past seven years, combining unique legal talent with exceptional dedication and service to our clients.”

“Having spent multiple weeks shoulder-to-shoulder with Zach in trial, I am eager to have him as a teammate on any type of trial we need to suit up for,” added partner Curtis Miner.

Zach joined the firm following a federal judicial clerkship with the Honorable Robert N. Scola, Jr., former United States District Judge for the Southern District of Florida. Zach is a 2016 graduate of the University of Miami School of Law. He completed his undergraduate studies at Oberlin College in 2011 and earned a master’s degree in marine affairs and policy from the University of Miami Rosenstiel School of Marine and Atmospheric Science in 2012.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson, a leading trial law firm, is proud to announce its relocation to the Penthouse of the South Tower at Douglas Entrance in Coral Gables. This move marks an important milestone for the firm, which has represented clients in local, national, and international matters for more than 55 years. The new office is located within Douglas Entrance, home to the historic gateway La Puerta del Sol (“The Gate of the Sun”), and is surrounded by Mediterranean-style architecture, lush landscaping, and expansive courtyards. With its picturesque, Spanish-walled-city appearance, Douglas Entrance provides a distinctive office environment in Coral Gables, and the firm’s name will soon adorn the top of the South Tower.

The space holds personal significance for Managing Partner Dean Colson, who explains: “For those of us who grew up in the Gables in the ‘50s and ‘60s, the original Douglas Entrance was very much a part of our lives – it was the working home for many of the doctors, lawyers, architects, and other professionals who lived south of downtown Miami. Our move reflects not only our firm’s growth, but our ongoing dedication to our clients and the Coral Gables community. It is reminiscent of our decision 25 years ago to restore the building that is now Books & Books and secure its historic designation—a choice that helped preserve the character of Coral Gables. The firm remains committed to doing the right thing for our community.”

Colson Hicks Eidson moved into its new space in December 2025 with the assistance of Will Morrison of CBRE. According to Dean, “Will’s expertise, vision, and patience made this deal possible. G. Alvarez Studio ensured that the design of our floor was executed perfectly.”

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 55 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

We are pleased to announce that three of our partners have been named to the 2026 Lawdragon 500 Leading Lawyers in America guide. Congratulations to Curtis Miner, Julie Braman Kane, and Joseph J. Kalbac Jr.

They were recognized for excellence in Litigation and White Collar (Curtis Miner), Plaintiff Class Action Litigation (Julie Braman Kane), and Plaintiff Personal Injury (Joseph J. Kalbac, Jr.).

Lawdragon recognizes this exceptional group for leading the way for clients, communities, and their firms, while shaping the law for decades to come.

This guide is based on a record number of submissions, combined with journalistic research and vetting with the nation’s leading lawyers.

Click here to read the full guide.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to share that Managing Partner Dean C. Colson has been recognized in Florida Trend’s 2025 edition of the Florida 500, which features the 500 most influential executives across various economic sectors in the state.

Dean was honored for his major client wins over a 40-year career and his lasting contributions to Florida higher education, with the firm describing him as “the only person to have chaired the State University System in Florida, the Board of Trustees of Florida International University, and the Board of Trustees of the University of Miami.”

He served 18 years as a UM trustee, chairing a $1.4-billion capital campaign, and was appointed by Gov. Jeb Bush to the state’s ethics commission and Supreme Court Judicial Nominating Commission. Dean also chaired committees that secured the 1999 and 2007 South Florida Super Bowls, clerked for U.S. Supreme Court Justice William H. Rehnquist and Fifth Circuit Judge Peter T. Fay, and remains a trustee for FIU and Miami’s Institute of Contemporary Art.

A renowned U.S. trial lawyer, Dean handles complex civil litigation, personal injury, product liability, and professional malpractice matters. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Click here to read the full edition.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been named to the 2026 edition of the “Best Law Firms” by Best Lawyers®, recognized at both the national and metropolitan levels. Ten of the firm’s attorneys were also named to the 2026 edition of Best Lawyers® across multiple practice areas.

Best Lawyers® ranks top lawyers and law firms through a peer review process, using feedback from lawyers, clients, and professional references, along with firm data. We’re proud to be recognized in the following categories:

National

  • Mass Tort Litigation/Class Actions – Plaintiffs

Miami

  • Bet-the-Company
  • Litigation
  • Commercial Litigation
  • Criminal Defense: White-Collar
  • Insurance Law
  • Mass Tort Litigation/Class Actions – Plaintiffs
  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs
  • Professional Malpractice Law – Defendants

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is proud to announce that partner Roberto Martinez has been selected to receive the 2025 Miami-Dade Bar Circle of Excellence Award for Civil Litigation, which honors attorneys and paralegals who demonstrate exceptional performance within Florida’s legal profession.

Bob, a renowned trial lawyer with a distinguished record in high-profile cases and public service— including his tenure as U.S. Attorney for the Southern District of Florida—has made significant contributions to advancing the legal profession and facilitating the administration of justice. His leadership and mentorship have had a lasting impact on the broader legal community.

The award will be presented at the Miami-Dade Bar’s Annual Award Ceremony in Coconut Grove on November 19. Colson Hicks Eidson is a proud sponsor of the event.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.