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!

Trending Stories

September 20, 2024

Latest Updates
and Insights from Colson

Related News & Case Studies

The U.S. Attorney’s Office for the Southern District of Florida has launched a new Whistleblower Non-Prosecution Pilot Program. It reinforces the recent efforts of the Department of Justice Criminal Division’s new Corporate Whistleblower Awards Pilot Program.

The local pilot program offers non-prosecution agreements in exchange for the early and voluntary self-disclosures of criminal conduct.  The Department’s pilot program offers financial rewards to a whistleblower who provides original and truthful information about corporate misconduct that results in a successful forfeiture.  

Both pilot programs require the prompt disclosure of truthful and complete information.   

At Colson Hicks Eidson, our attorneys have advised and represented clients across the full range of internal investigations, government inquiries, enforcement actions, whistleblower actions, and civil and criminal trials.  For further information, contact us at 305-476-7400 or info@colson.com.

MIAMI (June 24, 2024) – Colson Hicks Eidson announced today that six of its attorneys have been named in the 2024 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 Lipshultz has been recognized as a Rising Star.

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.

MIAMI (June 13, 2024) – Colson Hicks Eidson has been recognized as one of the top three trial law firms in Florida in the “Litigation: Mainly Plaintiffs” category by the respected Chambers and Partners USA Legal Guide for the fourth year in a row. In addition, five of the Miami-based firm’s attorneys were also ranked individually.

“These rankings highlight the commitment and hard work of our attorneys, showcasing our firm’s capability to manage diverse cases for our clients,” said Dean Colson. “As the South Florida business landscape evolves, we remain committed to serving new clients while upholding the same standard of excellence that has defined our firm for 55 years.”

Stephanie Casey, Julie Braman Kane, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner received the top ranking (Band 1) and Eidson was named “Senior Statesperson” in “Litigation: Mainly Plaintiffs.” Martínez was named “Senior Statesperson” in two categories: “Litigation: Mainly Plaintiffs” and “White Collar Crime and Government Investigations.”

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

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 lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

The incident took place on Dec. 18, 2022 when three generations of the family boarded United Airlines Flight 1722 from Maui, Hawaii to San Francisco, California after a long-planned family vacation.

Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.