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

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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 ten of its attorneys—more than half of the firm—have been recognized in the 2026 edition of The Best Lawyers in America®. 

Stephanie A. Casey, Dean C. Colson, Lewis S. “Mike” Eidson, Joseph J. Kalbac, Jr., Julie Braman Kane, Roberto Martinez, and Curtis Miner are listed in The Best Lawyers in America®. Eleni I. Constant, Zachary A. Lipshultz, and Sabrina S. Saieh are recognized in Best Lawyers: Ones to Watch.

Best Lawyers’ lists of outstanding lawyers are developed through peer review surveys where tens of thousands of lawyers evaluate their professional peers. Best Lawyers recognized attorneys in all of the firm’s core practice areas. 

Stephanie A. Casey

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Dean C. Colson

Bet-the-Company Litigation

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Personal Injury Litigation – Plaintiffs

Product Liability Litigation – Plaintiffs

Professional Malpractice Law – Defendants

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Lewis S. “Mike” Eidson

Mass Tort Litigation / Class Actions – Plaintiffs

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Joseph J. Kalbac, Jr. 

Commercial Litigation

Insurance Law

Mass Tort Litigation / Class Actions – Plaintiffs

Personal Injury Litigation – Plaintiffs

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Julie Braman Kane – “Lawyer of the Year”

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Roberto Martinez

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Criminal Defense: White-Collar

Curtis Miner

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Zachary A. Lipshultz

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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 celebrate two of our attorneys for receiving prestigious awards at the 2025 American Association for Justice Annual Convention in San Francisco.

President and Senior Partner Lewis S. “Mike” Eidson was awarded the Leonard M. Ring Champion of Justice Award, which recognizes outstanding integrity and overall character demonstrating Leonard M. Ring’s devotion to human and civil rights. Mike is a past AAJ president and long-respected national trial lawyer. He has spent his career advancing justice, defending the right to trial by jury, and shaping the future of the profession through his leadership and unwavering commitment to mentorship.

Partner Julie Braman Kane, also a past AAJ President, delivered powerful remarks on Mike’s behalf, celebrating his legacy and the profound impact he’s made on the legal community and beyond. Julie has spent her entire career at Colson Hicks Eidson, a testament to the inspiration Mike has provided to generations of trial lawyers. 

Partner Curtis Miner was also awarded with the Steven J. Sharp Public Service Award, which recognizes plaintiffs and the attorneys of plaintiffs whose cases help tell the story of the American civil justice system. Curt was recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to change laws to make condominiums safer and helped secure $1.2 billion in settlements for the families and victims.

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.

The lawyers at Colson Hicks Eidson are committed to teamwork, professional development, and mentoring our younger lawyers. We are proud to announce that four of our attorneys have been named to the 2025 Lawdragon 500 X – The Next Generation guide. Congratulations to Eleni I. Constant, Aziza F. Elayan, Zachary A. Lipshultz, and Sabrina S. Saieh.

Lawdragon selects lawyers for this guide through independent research, submissions, and peer review, recognizing those who have demonstrated consistent excellence and significant impact, typically within 15 years of graduating law school.

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 attorneys Zachary A. Lipshultz and Sabrina S. Saieh have been named to the 2025 Florida Super Lawyers Rising Stars list.

Zach’s practice spans all aspects of civil litigation in state, federal, and arbitral forums, at both the trial and appellate levels. He played a key role on the team that recently secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter caused a catastrophic fire that destroyed their home.

Sabrina focuses on product liability, commercial litigation, personal injury, class actions, and multidistrict litigation. She has represented clients in complex matters in federal and state courts, including cases involving defective products, dangerous drugs, catastrophic injuries, and mass torts. She was integral to the Takata Airbag Products Liability MDL—a high-profile class action tied to the largest automotive recall in U.S. history, resulting in settlements exceeding $1 billion.

Rising Stars recognizes top young attorneys who are 40 or under or have been in practice for 10 years or less. Only 2.5% of Florida lawyers earn this honor each year, following the same rigorous selection process used for Super Lawyers.

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 thrilled to announce that seven of its attorneys have been named in the 2025 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary A. Lipshultz and Sabrina S. Saieh have been recognized as Rising Stars.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

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.